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(영문) 수원지방법원 안양지원 2016.05.11 2015고단1805
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On August 20, 2015, the Defendant, on August 20, 2015, taken pictures against the victim’s will, on the part of the victim, the body part of the body part of the body part of the victim, which might operate the camera and cause a sense of sexual shame, by using the cell phone, carried by himself/herself inside the elevator of the same unit B apartment house, under the name of the female victim, and which might operate the camera and cause a sense of sexual shame.

2. On August 27, 2015, at around 13:55, the Defendant, within the elevator of Macheon-si building C, took a photograph of the victim’s body part of the part of the body of the victim, which might cause a sense of sexual shame by operating the camera, at the bottom of the body of the victim D (the age of 35), as set forth in paragraph 1, within the elevator of Macheon-si Building C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of 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. Where the conviction of the Defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information of 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 pursuant to Article 43 of the above Act.

However, there is no criminal record of the same kind, and only the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is judged, according to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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