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(영문) 부산지방법원 서부지원 2017.06.21 2017고단353
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

On January 28, 2017, around 15:58, the Defendant: (a) opened a melter in the second column of the Seo-gu Busan-gu public toilet B, Busan-gu public toilet, and opened a melter, and (b) confirmed that the Defendant entered the victim C (V, 26 years of age) in the third column toilets immediately next to the Defendant and opened the melter, the Defendant taken one-time image of the victim by inserting a mobile phone in Samsung Galleland, which the victim confirmed, in the back glass window, and making a cell phone in Samsung Galleland, and making the victim ice down to see the melter.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 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 concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant shall be punished for sexual crimes.

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