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(영문) 창원지방법원 통영지원 2013.11.15 2013고단755
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On June 30, 2013, at around 05:03, the Defendant taken the body of the victim who might cause a sense of sexual humiliation against his will by photographing the victim D (W, 22 years of age) who had reported a balkine in the side column, using the Defendant’s smartphone located in the Kameras, in the third column of Cju Women’s Toilets, which is located in the 301 building B at Sinnam City, and taking the victim’s body against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of suspect interrogation of the accused by the prosecution;

1. Application of the police statement law to D;

1. Relevant Article on criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines (including the fact that there is no same type of crime record, etc.);

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

1. The main sentence of 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 judgment of conviction becomes final and conclusive on the criminal facts that are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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 thus, is obligated to submit personal information to the head of the competent police office in accordance with

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which can be achieved due to such order, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., it is judged that there are special circumstances that the disclosure of personal information should not be made.

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