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(영문) 광주지방법원 목포지원 2015.01.23 2014고단1988
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 2, 2014, around 16:47, the Defendant taken photographs of the parts of the body, such as the body of the victim, which may cause sexual humiliation, following the back of the victim C (here, 20 years of age) and may cause sexual humiliation by using the cell phone installed in Kameras before modern automobiles B, around 16:47.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal report (specific relation to time of crime);

1. Application of CD-related Acts and subordinate statutes to suspected cellular phone pictures containing the form of the victim, - restored photographs, digital evidence analysis results

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for Crimes and the Punishment, etc. of Sexual Crimes for which the punishment is adopted (the amount of fine shall be selected and the fine shall be determined, in consideration of the following: (a) the selection of a fine and the reflective nature; (b) the degree of a sense of shame is relatively weak with the body part taken up; and (c)

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

1. Where a judgment of conviction against a defendant on the crime of this case of the registration of personal information of this case under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 obliged to submit personal information to the agency

However, in light of the Defendant’s age, occupation, risk of repeating a crime, criminal records, contents and motive of a crime, the method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration that may be achieved, the effect of protecting the victims, etc., the punishment, etc. of a sexual crime shall be imposed.

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