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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단1372
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 19, 2013, around 21:50, the Defendant, using a camera installed in a cell phone located in Goyangdong-dong-dong-dong 629-1, Goyang-dong-dong-dong-dong 629-1, was trying to take a cell phone with the knowledge that the victim C (V, 21 years of age), while waiting to cause a sense of shame of the toilet users, was able to take a photograph by putting the cell phone in the door of the toilet floor, but the victim was not able to take a secret between the rest of the toilet floor and throw away.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the photographic Acts and subordinate statutes;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a judgment of conviction of a defendant against a sexual crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 obligated to submit personal information to the competent agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., it is determined that there is a special reason that the disclosure or notification of personal information should not be made pursuant 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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