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(영문) 수원지방법원 성남지원 2015.09.18 2015고단1409
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On June 11, 2015, the Defendant, 601, as a result of a woman on the name, who was found to have a short-stamp-down fladm on the part of an active service air-oner, having been influor at the direction of 601, and taken a photograph of another person’s body that may cause sexual humiliation or sense of shame by taking a dynamic image image of his mobile phone 6 mobile phones (portable file name: 058.m. v) on his/her own, using a dynamic image recording function of his/her opon 6 mobile phone.

2. On June 11, 2015, at around 19:32, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, using a video recording function of one’s own opon 6 mobile phone images of the opon phone (on file name of a mobile phone: 059mv) and using his opon her opon 6 mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police seizure records;

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

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

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

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

1. Where a conviction against a defendant who has registered personal information under Article 48 (1) 1 of the Criminal Act becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43

The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse in light of the details of crimes subject to disclosure order or notification exemption.

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