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(영문) 수원지방법원 안산지원 2015.01.21 2014고단2809
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

Criminal facts

On July 11, 2014, at around 16:20, the Defendant tried to take photographs of the victim C who can cause a sense of sexual shame by sealing inside the floor of the warehouse by using smartphones with the inner gate functions attached to the Defendant’s possession in the stairs between the third and fourth floor of the commercial building in Gwangju-si B, and the fourth floor. However, the Defendant attempted to take photographs of the victim C, which could cause a sense of sexual humiliation by sealing inside the floor of the warehouse, but did not lead to an attempted attempt by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to the scene photographs of the case and photographs taken by the suspect;

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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure or Notification of Personal Information, 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 (no disclosure or notification of Personal Information shall be made, taking into account this, family relationship, the outline, etc.

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is intended to take the body part of the defendant, who could cause sexual humiliation or shame without the consent of the male victim, who had shown a change in the toilet, and is committed an attempted crime, and is also committed an attempted crime, and in such an unfavorable circumstances as not restoring damage to the victim so far, etc., the defendant is aware of the crime of this case and reflects his mistake in depth, and there are no favorable circumstances such as the defendant's lack of punishment power exceeding a fine, and all the sentencing conditions as shown in the trial of this case.

To be subject to the registration and submission of personal information.

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