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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2995
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On October 26, 2015, the Defendant discovered the victim E, who was in excess of clothes in the D Symnae House located in U.S. Dong-gu, U.S., U.S., and U.S., at a ancient city around 00:05 on Oct. 26, 2015, tried to take photographs of the victim, and taken two copies of the victim’s unknown body using a Grand Handphone with a camera function against the victim’s will, and transmitted two copies of the above pictures to F’s cellular phone on the same page.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with a camera function against his will, and provided the photographer.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Report of investigation (verification of photographs taken by a suspect A);

1. Application of the relevant photographs and cell phone photographs of the suspect to the Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

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

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

1. Where a judgment of conviction against a defendant on a sex crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant becomes 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 of the same Act.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order of personal information, the preventive effect of sexual crime subject to registration which can be achieved due to such order.

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