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(영문) 창원지방법원 진주지원 2015.06.23 2015고단162

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 2014, the Defendant taken the victim E (V, 44 years old) who takes a bath in the Dmotour care room located in Jinju-si, Jinju-si, with a cell phone camera located in the cell phone against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal report (copied video file CD attachment);

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the relevant criminal facts;

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. Where a conviction against the defendant on the criminal facts in the judgment that constitute a sexual crime subject to registration and submission 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit his/her personal information to the head of the competent agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victim, etc., of the Defendant exempted from the disclosure order and notification order of personal information, the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse

The reason for sentencing is that the defendant was involved in the crime of this case and his depth is divided, and the victim is the victim.