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(영문) 수원지방법원 안산지원 2018.08.22 2018고단2018
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 5, 2017, at the defendant's house located in Ansan-si, 00:40, the defendant taken one-time photographs using mobile phone camera function in which the defendant had sexual intercourses with the victim D (the name of the victim, the age of 17) at the defendant's house located in Ansan-si, 301, whose family name had sexual intercourses with the victim's D (the age of 17) without the victim's permission.

As a result, the Defendant took photographs against his will of the victim who could cause sexual humiliation or shame by using the mobile phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of seizure records and statutes concerning 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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, 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 to provide personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree and expected side effects of the defendant's disadvantage and expected side effects of the defendant's suffering, the preventive effects of the sexual crime subject to registration that can be achieved, the effect of protecting the victim, etc., there are special circumstances that the defendant may not disclose personal information or place employment restrictions.

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