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(영문) 수원지방법원 안산지원 2013.10.02 2013고단1793

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 04, 2013, from around 07:40 to 08:10 on the same day, the Defendant taken the parts of the body part of the victim’s bridge, which might cause a sense of sexual shame, by inserting the cell phone with a camera installed in the bus B (HH) operated from the wooden audit distance at the time of Gyeonggi-do to the same hour, with a bridge between the victim C (the victim’s age of 15, and inn).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A report on investigation (a report to extract CCTVs in buses);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

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

3. Article 334 (1) of the Criminal Procedure Act.

4. Where a judgment becomes final and conclusive to submit personal information pursuant to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.