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(영문) 창원지방법원 진주지원 2018.07.19 2017고단682
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On May 27, 2017, the Defendant taken a photograph of the victim D (Woo, 19 years old) who is a physically handicapped body part of the Defendant’s cell phone owned by the Defendant, which may cause sexual humiliation or sense of shame, against his will, at around 15:30 on May 27, 2017, using the cell phone owned by the Defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Responses to the results of digital evidence analysis;

1. Investigation report ( mobile mobile analysis, etc.);

1. Application of existing Acts and subordinate statutes under subparagraph 1 of this Article;

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

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

1. Article 16 (2) and (3) 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 provides that where this judgment becomes final and conclusive, the Defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protection of the victim, etc., the Defendant shall not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, the court did not issue an order of disclosure or notification to the defendant.

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