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(영문) 의정부지방법원 2013.08.22 2013고단1665
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 07:50 on April 12, 2013, the Defendant taken photographs against the Defendant’s will of 155 sexual humiliations, such as ambucks and bucks, which may cause sexual humiliations over 15 times from the stairs of the second floor of C building in Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 13 (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) (amended by Act No. 11556, Dec. 18, 201; Options of each fine) concerning criminal facts;

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

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 48(1)1 of the Confiscation Criminal Act, the accused is a person subject to registration of personal information pursuant to Articles 4(1) and 42(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012), and is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43 of the same Act.

(However, considering the defendant's age, occupation, risk of repeating a crime, disclosure or notification order, expected side effects of the defendant's disadvantage and the prevention and effect of sexual crimes subject to registration which can be achieved therefrom, the victim protection effect, etc., the defendant is not ordered to disclose or notify personal information, and therefore there is no special circumstance to issue an disclosure or notification order to the defendant).

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