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(영문) 창원지방법원 2016.11.03 2016고단2902
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 9, 2016, at around 19:58, the Defendant taken up approximately 10 seconds of the victim D (personal name, female name) where the Defendant had a cell phone with a toilet function under the bottom of the toilet partitions and reported a meltion from the side partitions.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. A report on damage;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (based on results of digital evidence analysis);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment (including the agreement and the absence of any past record of criminal punishment);

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where this judgment on the registration of personal information under Article 48 (1) 1 of the Criminal Act becomes final and conclusive, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.

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