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(영문) 광주지방법원 2015.08.26 2015고단2849
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 26, 2015, the Defendant: (a) around 23:33, as the regular director of the Seo-gu, Seo-gu, Seo-gu, Gwangju, sent a short 883 Madcheon Station No. 3; (b) reported the victim B (the age of 22), and recorded the victim B (the age of 22) using the camera function of smartphone, which was followed by the subsequent, nine times the victim’s am and bridge part; and (c) taken the victim’s body against his will that could cause a sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on Criminal Crimes (Selection of Fines) Articles 2 and 60(1) of the Juvenile Act;

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

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment, which constitutes a sex offense subject to registration, under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention of sexual assault crimes subject to registration, effect on the protection of the victim, etc., the disclosure order or notification order shall be given to the Defendant 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.

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