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(영문) 의정부지방법원 고양지원 2014.10.08 2014고단1141
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 7, 2014, around 22:35, the Defendant taken a photograph of the parts of the victim’s bridge with a cell phone, which was found and was in possession of the victim’s body, which could cause a sense of sexual shame, against the will of other persons, by photographing the parts of the victim’s bridge, in front of the victim’s bridge, which were in possession of the victim’s cell line 3 lines of subway 3629 from the train room (the guest room number : 4-3).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written statement prepared D and E;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a judgment of conviction of a defendant against a sexual crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal 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 obligated to submit personal information to the competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall be ordered to disclose or notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall be ordered to disclose or notify the personal information.

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