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(영문) 수원지방법원 2013.09.26 2013고단3780
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 7, 2013, at around 22:45, the Defendant: (a) entered a female public toilet “CPC room” located in CPCB; (b) opened a toilet side of the toilet in which the victim D (n, 22 years of age) reported melt; (c) opened the Defendant’s cell phone into it; and (d) taken approximately 10 seconds of the victim’s body against the victim’s will, using a screen picture camera attached to the cell phone, by inserting the Defendant’s cell phone into it, and using a screen screen camera attached to the cell, in which the victim reported melts, and taken the victim’s body that could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

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

1. Article 13 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) applicable to the crime;

1. Articles 70 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 under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 obliged to submit personal information

Article 47(1) and Article 49(1) 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the offense, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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