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(영문) 부산지방법원 2015.07.16 2014고단10324
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

On October 3, 2014, from around 13:57 to 15:15 on the same day, the Defendant taken a video image of the 17th female victims in the name of the victim, such as taking a secret and a bridge of a female victim who suffered a short fright in his/her cellular phone from the ‘D key point' to the ‘D key point' located in Busan Jung-gu, Busan, and the name of the female victim who suffered a short fright in his/her cellular phone, as shown in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mechanical device with a camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

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

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. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant 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 is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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