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(영문) 광주지방법원 2017.12.22 2017고정1557
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 23, 2017, at around 21:00, the Defendant, in a male and female-use toilet installed in Gwangju Northern-gu B, and 2nd floor CPC room, opened the above toilet male-use room and opened a studio, the Defendant d (Ga name, n, 24 years old) sent the string of the female-use change column in the right side of the victim D (the age 24 years old) and sent the studio, had the mind to take the studio, had the Defendant’s smartphone shooting function, had the Defendant operated the Defendant’s smartphone image shooting function, and had the victim reported the studio by inserting the above smartphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. On-site photographs;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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, Article 48 (1) 1 of the Criminal Act;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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