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(영문) 광주지방법원 2015.08.26 2015고단2724
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 7, 2015, at around 23:20, the Defendant taken a photograph of a mobile phone with the function of a camera function on the window crepane in which the victim C (in women, 19 years of age) takes a bath in his bath room in Seo-gu, Seo-gu, Gwangju.

On June 17, 2015, at around 00:18, at the same place as Paragraph 1, the Defendant taken a photograph of a cell phone with the function of a camera in the gap of windows, in which the victim D (at the age of 52) takes a bath at his bath room.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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 (1) 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 judgment of conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, 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 is obligated to submit personal information to the competent

In light of the age and occupation of the defendant exempted from the disclosure order or notification order, records of the crime, details and motive of the crime, method and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration to be achieved thereby, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed and notified.

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