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(영문) 수원지방법원 2014.06.16 2014고단1769
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 26, 2014, at around 21:04, the Defendant discovered the victim E (nive, 39 years of age) who reported the head of Sinsung City, and then taken a photograph of the victim’s balthma, the balthm part of the bridge, etc. by a mobile phone with access to the calthotho function to the 39 years of age (Taltho 3 and No. 1).

2. On March 10, 2014, at around 20:30, the Defendant discovered the victim F (n, 29 years old), who reported the head, and then accessed the victim F (n, 29 years old). On the other hand, the Defendant taken the victim’s son, etc. using the aforementioned cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. A written statement;

1. A report on the analysis of digital evidence;

1. Each investigation report (includingCCTV photographs);

1. Application of existing Acts and subordinate statutes to one unit of seized mobile phone (three gallonies, No. 1);

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

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

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

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

1. Where the conviction of the accused against the crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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 the accused is obligated to submit personal information to a related agency

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., of the child or juvenile protection.

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