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(영문) 의정부지방법원 2013.07.18 2013고단1425
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 2, 2013, at around 22:50, the Defendant: (a) confirmed that the victim C (the 16-year-old age) was frighten and urine in a female toilet located on the sixth floor of the building B, and (b) taken the body of another person, which may cause sexual humiliation or shame using a camera, by inserting the toilet in a smartphone, and photographing the victim’s urine, and by photographing the victim’s urine, the Defendant taken the body of another person, who could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of CCTV Acts and subordinate statutes;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Selection of a fine for negligence (in case of the accused, considering that the accused has repented his mistake in depth as the first offender);

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the obligation to provide personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012), and Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 4(1) and Article 42(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11572, Dec. 18, 2012), and the Defendant is obligated to submit his/her personal information to

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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