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(영문) 광주지방법원 2015.08.19 2015고단2156
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 5, 2015, at around 14:05, the Defendant taken his cell phone on the side of the toilet window, the body part of the victim C (V, 23 years old) who takes shower in the toilets outside the above gate of the Dong-gu Seoul Special Metropolitan City building 206.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

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

1. Articles 70 (1) 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 Committed;

1. Where a judgment of conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 48(1)1 of the 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 submit personal information to the competent

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention of sexual assault crimes subject to registration, effect on the protection of the victim, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 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.

The reason for sentencing is the recovery of damage.

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