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(영문) 창원지방법원 2014.08.12 2014고단1397
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On April 1, 2014, around 01:08, the Defendant: (a) taken the body of another person, who might cause sexual humiliation or sense of shame, by photographing the appearance of the female victim in distress, using a mobile phone with the camera function, in a female toilet in the city Kim Jong-si, Kim Jong-si; and (b) taken by using a mobile phone with the camera function, against the victim’s will.

2. On April 1, 2014, at around 02:20, the Defendant taken a photograph of another person’s body, who might cause sexual humiliation or sense of shame, by taking a cell phone with a camera function, from a female toilet with the fourth floor of Gyeongnam C, in which the victim D (the age of 21) is viewed as a melter, using a cell phone with a camera function, against his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

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

1. Selection of each of the selective fines for punishment (such as reflectivity, absence of previous record, economic difficulties, while attending a university, and being identified in the household through urgent work, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43

An order to disclose or notify the accused's age, occupation, risk of recidivism, type, motive, process, results, and seriousness of the crime in this case, or an order to disclose.

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