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(영문) 부산지방법원 동부지원 2015.05.13 2014고단2251
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 September 2, 2014, at around 19:55, the Defendant collected the part of the victim's buckbucks, by inserting the cell phone with the function of the camera function into the victim B (V, 31 years old), who was posted before the Defendant, from the stairs of the Geumsan subway station No. 6 in the Namcheon-dong 40, Namcheon-dong, Busan, and by inserting the cell phone into the victim B (V, 31 years old).

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction of a defendant against a defendant who shall submit personal information of Article 48(1)1 of the Confiscation Criminal Act is finalized, the defendant falls under 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 the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved therefrom, the preventive effect of sexual crime subject to registration, the effect of protecting the victim, etc. of the Defendant’s exemption from disclosure order and notification order, the Defendant is determined to have special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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