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(영문) 인천지방법원 2014.05.14 2014고단988
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 23, 2013, at around 23:57, the Defendant: (a) heard the sound of the victim D (V, 29 years of age) entering the front section of the common toilet in Nam-gu Incheon Metropolitan City, and heard the voice of telephone conversations in the front section of the front section; and (b) thought that the victim D (V, 29 years of age) taken the front image of the front section of the victim.

Although the Defendant started to take a dynamic image against the victim by using the pro-friendly E mobile phone camera outside the arms, the victim was dismissed before seeing the sides, and the purport was not achieved.

Accordingly, the Defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using carmeras against his will and attempted to take the body of the victim against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim against D;

1. Application of the Acts and subordinate statutes to photographic materials and cell phone pictures CDs;

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 Aggravated Punishment of Sexual Crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the defendant 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 is obligated to submit personal information to a related agency

The age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.

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