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(영문) 인천지방법원 2015.09.23 2015고단4615
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On May 16, 2015, at around 16:40, the Defendant taken the part of buckbucks and paper bucks of the victim B (the age of 24) who used the above stairs by suffering short halfs using the Defendant’s cell phone camera from the stairs of Bupyeong-gu Office No. 3, Bupyeong-gu, Incheon, Incheon.

The Defendant taken the body of another person, which may cause sexual humiliation or shame, by using a camera, at least six times in total, as in the attached list of crimes, as above, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

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

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

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 conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that is a sexual crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 obligated to submit personal information to a related agency in accordance with

However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree of disadvantage and expected side effects of the defendant's entrance due to disclosure notification order, prevention and effect of sexual crime subject to registration, protection effect of victims, etc., the order to disclose personal information to the defendant pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is issued.

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