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(영문) 수원지방법원 안산지원 2016.01.27 2015고단4201
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Criminal facts

On October 7, 2015, around 11:30, the Defendant: (a) reported that the victim C (the age of 29) entered a female toilet in the first floor of the B-site building B; and (b) taken a video image against his/her will, using his/her cell phone with the inner function, which could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning criminal facts and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the choice of a fine (in the absence of recovery from damage to the accused, even though the accused has been finally and has not yet been tried, the confession and reflect of the accused, and the fact that the accused has no past record of punishment except once a fine is imposed

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. If a conviction of a sex offense subject to registration and submission of personal information becomes final and conclusive with respect to each of the facts stated in the judgment, which is subject to registration and submission of new information, Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification of personal information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made, taking into account the family relationship, change of family status, etc.) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1)

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