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(영문) 수원지방법원 2014.11.28 2014고단5546
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Criminal facts

On August 24, 2014, from around 14:53 to 14:57 the same day, the Defendant taken the body of the victims against their will who might cause sexual humiliation or shame by taking the body of the victims (22 years old), and the body of the victims (20 years old), by taking the body of the victims (20 years old), by taking the body of the victims (22 years old), and the body of the victims (20 years old), using the recording function displayed on the cell phone from the 4th Kafack-ho train in Busan Franchi, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victims;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning photographic images by capturing each screen;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the disclosure order or notification order under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order shall not be issued to the Defendant on the grounds that there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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