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(영문) 수원지방법원 성남지원 2020.02.05 2019고정942

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

Around 10:00 on July 21, 2019, the Defendant, within the reading room of “C” located in B 4th floor in Seongbuk-gu, Sungnam-si, Sungnam-si, the victim D (n, 24 years old) inspected the crepan, using a mobile phone camera owned by another Defendant, taken the parts of the body part of the victim’s body behind the victim.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Application of the Acts and subordinate statutes to photograph CCTVs in reading rooms, CCTV CDs, and CCTV images capturings;

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

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 on a sex crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, the degree and expected side effect of the Defendant’s disadvantage due to the above order, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc. of the Defendant’s personal information exemption from disclosure order, notification order, and employment restriction order, it is determined that there are special circumstances under which disclosure or notification of the Defendant’s personal information or restriction on employment should not be restricted. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc.