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(영문) 청주지방법원 2019.09.05 2019고단1363
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 27, 2019, at around 17:00, the Defendant took a dynamic image against his/her female’s will, using the Defendant’s galthothal lutha S10 cell phone device, on the galthothal part of the body part of the victim, which was followed by balthothal in escalators connected to 5 lines C in Gangdong-gu, Seoul.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to capture the suspect's cell phone images;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. In light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and place an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, and thus, it is difficult to readily conclude that there is a risk of recidivism or recidivism of sexual assault due to the lack of force imposed on the accused as a sexual crime. In light of the Defendant’s information registration and taking lectures in the treatment of sexual assault against the Defendant alone, it appears that the registration of personal information and taking part in the treatment of sexual assault can lead to the effect of recidivism, and other profits and preventive effects expected from disclosure

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