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(영문) 제주지방법원 2019.10.11 2019고단1345
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

The defendant is a Chinese national, who is attending the department of B University C.

On March 11, 2019, at Jeju-si, the Defendant taken the image of the Victim F (n, 26 years of age) in which the Defendant sent clothes from the inside of the site using a cellphone 7-locopic smartphone-locopic locopic locopic locopic locopic locopic locopic locopic locopic locopic locopic locopic locopic locopic locopic locopics

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a mechanical device with a camera function against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G and H;

1. Application of seizure records, list of seizure, relevant photographs, and Acts and subordinate statutes governing seized articles;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism; (c) profits and preventive effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order; and

1. Registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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