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(영문) 창원지방법원 2016.06.30 2016고단1270
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On September 2015, 2015, the Defendant was able to teach the victim at the main points located in the Chang-si, Jin-si, Jin-si, where the victim C (V, 35 years of age) worked as Don-si.

On October 10, 2015, the Defendant, within the smaller room of the Defendant E 301, the Changwon-si, Seoul, and around October 10, 2015, sent smartphones on the computer books by using the gap between toilets, and divided the victim’s photophones on the computer books, and made the victim have a sexual relationship with the victim taken.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A complaint;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of selective fine for punishment (the details and methods of the crime, the reflectivity, the agreed point, and other factors);

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused shall be a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to 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. Thus, the order for disclosure or notification of personal information is not issued.

Rejection of Public Prosecution

1. The summary of this part of the facts charged is that the victim C gives an answer to his contact.

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