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(영문) 서울동부지방법원 2017.11.03 2017고단2823

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 3, 2017, around 14:30 on June 14:3, 2017, the Defendant concealed the camping scam, which performed the recording function in Songpa-gu Seoul, from home to home, and entered a shower room and shower room, and taken approximately 120 minutes of the male body in the name of the Defendant.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. G statements;

1. Police seizure records;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. In light of the fact that the Defendant exempted from an order to attend a course or an order to complete a program under Article 48(1)1 of the Criminal Act does not use the Korean language as a foreigner, the Defendant appears to be unable to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Defendant. Therefore, the order

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 the relevant agency pursuant to Article 43

The age, occupation, risk of recidivism, motive, method and 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 of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc.