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(영문) 창원지방법원 마산지원 2018.09.19 2018고단811
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 27, 2018, around 20:25, at the 1st female toilet in Changwon-si, Changwon-si, Masiwon-si, Masiwon-si, the Defendant took a photograph of the victim C (V), who sees the side change of the toilet in the partitions through the below, by putting the cell phone camera in the space of the empty side, and putting the cell camera in the space of the passenger.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

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

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined as follows: (a) the fact that the defendant seems to have suffered a considerable mental injury due to the crime of the defendant for the reason of sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) the fact that the defendant's mistake is against himself/herself and has no same record; (c) the defendant'

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 the head of the relevant agency pursuant to Article 43

The defendant is exempted from the disclosure order or notification order due to his age, occupation, risk of recidivism, type of crime, motive, process, disclosure order or notification order of this case.

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