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(영문) 창원지방법원 2014.03.04 2013고단3515
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

At around 13:30 on June 27, 2013, the Defendant: (a) opened at the bus stops at the entrance of the Sara University in Busan Metropolitan City trile-dong, and opened smartphones into a video hold; and (b) opened the name unrested by the Defendant’s Vietnam, which is presumed to be a female middle school student who was in his hands and next, and taken the panty and buckbucks as an early video screen.

From April 16, 2013 to July 12, 2013, the Defendant taken photographs of another person’s body against his will using devices having functions similar to cameras over a total of 76 times, such as the attached list of crimes, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the report of seizure, list of seizure, investigation report (a photograph and the attachment of video files), investigation report (the digital analysis results of the handphones seized and data attachment);

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the relevant criminal facts and Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012)

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

5. Where a conviction of the accused is finalized 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 accused 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 the accused is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant

Whether registered information is disclosed and notified.

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