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(영문) 수원지방법원 안산지원 2017.06.21 2017고단1156

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant, on the 21:00th day of Ansan-si, entered the c cafeteria for female toilet with the first floor, which was in possession of the case, taken the body of the victim who could cause sexual humiliation or shame by taking a 10-minute image of the body of the victim who could cause sexual humiliation or shame by taking the 10-minute screen of the cell phone 7 mobile phones under the bottom of the 10-minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D, E, and F;

1. Report on the results of digital evidence analysis;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each relevant photograph;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion on a structure), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking pictures using personal phones) and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to provide personal information to the competent agency pursuant to Article 43 of the same Act.

When comprehensively taking into account the Defendant’s age, occupation, family relation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of protecting the victims, etc., the Defendant’s personal information.