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(영문) 부산지방법원 2019.10.23 2019고단3623
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 6, 2019, at around 21:15, the Defendant operated his cell phone (opphone6s) with a camera function in the Geum-gu B building in Busan, and the front section for women's use of public toilets in the third floor, and tried to photograph the body of the victim C (M, 16 years old), in which the left side partition is below the lower part of the screen, and on which the screen was reported, the Defendant was discovered to have attempted to do so.

Accordingly, the Defendant tried to take photographs of another person’s body, which may cause sexual humiliation or sense of shame, using a mechanical device with a camera function, against the victim’s will, and attempted to take the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

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

1. Relevant provisions 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;

1. Articles 70 (1) 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 Committed;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43

In light of the fact that the defendant exempted from the disclosure notification order, the defendant's wrong recognition of his/her misconduct, and the defendant has no criminal history, etc., it seems that the defendant can have the effect of preventing recidivism by completing sexual assault treatment program programs and registering personal information, and considering all other circumstances, the personal information is disclosed, notified, and notified.

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