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(영문) 창원지방법원 2017.11.28 2017고단3458
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works in a coffee control room prior to a coffee shop that the victim C(s) works.

On August 1, 2017, at around 18:20, the Defendant: (a) known that a person who was injured by ordinary facilities was able to wear clothes from the warehouse of the 1st floor of the building underground of the Sungwon-si, Changwon-si D, Changwon-si, the Defendant, with the knowledge that he was able to wear clothes in the warehouse, and took a photograph of the body of the victim who was installed on the ceiling and divers of the mobile phone

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

Application of each statute of limitation to the seizure protocol of police statement C to the defendant's court statement

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;

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

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

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

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to 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. Thus, the order for disclosure or notification of personal information is not issued.

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