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(영문) 의정부지방법원 2015.05.22 2014고단4322

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 15:30 on September 14, 2014, the Defendant: (a) taken the part of the body part of the victims, who might cause sexual humiliation against their will, in front of the name unexponed female victims on the name fested flap, where the Defendant was going to the exit No. 525, the Escopian, which had a video recording function at Escoper, with a smartphone (Scoplas) that had a video recording function.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Police investigation report;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs of images stored on the suspect's cell phone;

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is 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 submit personal information to a related agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse.