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(영문) 수원지방법원 2014.07.24 2014고단3197
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Defendant, using a cellular phone with a function in a camera;

1. On November 11, 2013, after completion of showering at D hotel D's hotel in Suwon-si, Suwon-si, Suwon-si, D's Office of Warman, he/she takes a brush of the victim E (n, 26 years old), who is well aware of it;

2. On April 4, 2014, from around April 5, 2014 to April 5, 2014, the victim H (the 26-year-old age), whose head was fleeped with clothes only in the Gel located within the Gel in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, took a back-up photograph of the victim H (the 26-year-old age)’s body, which could cause each sexual humiliation or a sense of sexual shame, against his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. E statements;

1. Application of 10 copies of photographs to Acts and subordinate statutes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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