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(영문) 전주지방법원 군산지원 2020.05.08 2019고단1820
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is between the defendant and the victim B (a person, South, and 67 years old) and the victim C (the South, 75 years old).

On October 29, 2019, at around 08:54, the Defendant opened a shower box at the Shasta Sast D, Masan-si, Masan-si, and completed the Defendant’s cell phone Kamera movement, and taken photographs of the victims who saw the shower body.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using mobile phone cameras against the victims' will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in relation to B (tentative name) and C;

1. A criminal investigation report (related to the attachment of screen pictures by cutting a biographs or a Kakaothy room), a criminal investigation report (related to the analysis of digital evidence), and a report on analysis of digital evidence;

1. Each protocol of seizure and the list of seizure;

1. Application of each statute on 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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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. Where a conviction becomes final and conclusive in regard to a crime subject to the registration of personal information and a sex offense subject to the registration of personal information to be submitted under Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

An order of disclosure, an order of notification, the age of the defendant exempted from the employment restriction order, previous and present, risk of recidivism, details of the crime in this case, methods and results of the crime, disclosure order, notification order, and employment restriction order.

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