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(영문) 울산지방법원 2017.08.24 2017고단2188
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On April 10, 2017, the Defendant, with the knowledge that the Defendant was melting in the toilets for toilets for toilets for the first floor of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Nam-gu Seoul Metropolitan City, Ulsan-si, Ulsan-si, with the knowledge that it was entering the partitions next to the victim C (V, 50 years old) of the mads, taken the form of the victim, who wanted to remove the cell phone that was in possession from the partitions and try to see the madro.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes governing crime photographs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where the defendant's reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is a criminal defendant who committed contingent crimes in a male and female public toilet, with no same record, and with respect to the criminal facts of sexual assault crime which are subject to the registration of personal information in consideration of the fact that he/she received a letter from the injured party, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

When considering the Defendant’s age, occupation, risk of repeating a crime, health condition, type, motive, process, 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, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. in a comprehensive manner.

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