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(영문) 수원지방법원 안양지원 2017.06.23 2017고단566
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

At around 02:40 on December 15, 2016, the Defendant, in a toilet located in Sinposi B, and “Csing room,” the Defendant taken the form of the victim, which sees the Defendant’s telephone camera (LG-F35L, verification LG smartphone, and No. 1) by inserting a camera with the ceiling and partitions, in a gap between the ceiling and partitions.

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

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the assistant judicial police officer in charge and the telephone);

1. Application of statutes on site photographs;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the content of the offense, the degree of sexual deliberation of the victim’s satisfy, etc., should be taken into account; however, the nature of the offense is against the Defendant’s wrongness; the Defendant’s age and sexual conduct; and various conditions of sentencing, such as the Defendant’s sexual conduct. In the event a conviction against the Defendant on the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 to a related agency

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order of personal information is expected.

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