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(영문) 수원지방법원 안양지원 2015.02.13 2014고단1525
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

On June 19, 2014, the Defendant taken pictures from around 09:28 to 09:28 of the same month from around 19:06 on June 19, 2014 to around 20 times in total against the victim’s body part of the balthma, which may cause a sense of sexual shame to the victim’s sexual humiliation in the name of the victim, using his/her own galthalal-based 3 mobile phone camera image function, using his/her galthal-based galthical image function, and the victim’s body part of the balthma, which may cause a sense of sexual humiliation to the victim’s sexual humiliation from around 19:06 to around 19:28 of the same month, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of each statute to photographs;

1. Relevant legal provisions and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which the choice of punishment is applicable to crimes, and the selection of fines (it shall be considered that there is no past record of the same type of crime,

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

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

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

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

1. Where the instant judgment becomes final and conclusive against a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 is obligated to submit personal information

However, in full view of all the circumstances such as the fact that the defendant does not repeat the crime, the profits and preventive effects expected by the disclosure order or notification order, and the disadvantages and side effects resulting therefrom, it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified.

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