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(영문) 춘천지방법원 강릉지원 2019.09.03 2019고단765
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Around 06:52 on January 11, 2019, the Defendant taken, without the consent of the victim, a victim D (one person) who became aware of the Defendant’s gallony by using a camera function attached to S8 mobile phones during the gallon-si, Ansan-si, Ansan-si, Annsan-si, using the Defendant’s gallon function.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Records of seizure and the list of seizure;

1. Answers on results of digital evidence analysis;

1. Application of Acts and subordinate statutes, such as field photographs;

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

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

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43

In light of the fact that the defendant exempted from the disclosure notification order, the defendant's wrong recognition of his/her misconduct, and the defendant has no criminal records, there are special circumstances that may not disclose, notify and restrict personal information when comprehensively considering all other circumstances.

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