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(영문) 수원지방법원안산지원 2020.10.14 2020고정571
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as "D" in the Internet B KafC.

The Defendant searched women’s bridge photographs on the portal site, and displayed them openly against the will of the victims by accessing the above smartphones at the Defendant’s residence located in the Daejeon E-gu Daejeon E-gu, Daejeon, on October 17, 2017, while holding 17 copies of the photograph taken by the unclaimed women on the bridge focusing on the bridge of two women suffering from spatha that may cause sexual humiliation or shame during the search, and on the bridge of two women suffering from the spatha, who were in possession of the spathic and dominateded with S7 smartphones.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on notices, photographs, warrants and correspondence materials;

1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of fines, etc. concerning criminal facts;

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

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person 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 a competent agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure notification order and employment restriction order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of the victim protection.

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