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(영문) 청주지방법원 2018.01.18 2017고단2227
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 29, 2017, the Defendant, at around 22:35, Cheongju-si, a woman toilet located on the 1st floor of the Cheongju-gu B building, Cheongju-si, and opened the side partitions above the victim C (the victim 19 years of age) and opened the 6 mobile phone of the Defendant, who opened the luzzle, up to the so-called lucular phone, opened the lucular phone into the so-called lucot, laid down down the lucular phone under the luc, and taken the lucular image for approximately two to three seconds.

Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the arrest of a case;

1. Application of statutes on site photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In a case where a conviction is finalized on each crime in the judgment that is a sex offense subject to registration and submission of new information, 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 the same Act is applicable.

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