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(영문) 수원지방법원 안산지원 2017.12.13 2017고단3059
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 14, 2017, the Defendant discovered the victim D (tentative name, female, and age 15) in front of the vice head of the C High School School bus (3j) located in Ansan-si, Mansan-si, Mansan-si, Mansan-si, the Defendant taken the body of the victim by putting the cell phone back to the part under the part of the victim's two ridges in front of the vice head of the C High School School bus (3j) in front of the vice head of the Sinsan-si, the Defendant Don-si, while playing the galle of the Defendant's 4 mobile phone at the gallethm of the victim.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. Stenographic records;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to the seized articles (a photograph No. 1 of evidence), the video editing materials taken by the accused;

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) of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 provide personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, family relationship, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved due to such order, and the victim.

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