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(영문) 수원지방법원 안산지원 2017.10.25 2017고단2037
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 31, 2017, the Defendant: (a) stored the Defendant’s cell phone 7 mobile phone in the front section of the common toilet in Ansan-si, the upper part of the Defendant’s cell phone 23:31, in the front section of the common toilet in Ansan-si, Ansan-si; (b) stored the Defendant’s cell phone 7 mobile phone in the lower part of the front section of the screen and the side screen in the lower part; and (c) recorded the lower part of the victim E (V, 41 years of age) who reported the use of the cell in the above mobile phone, against the Defendant’s will.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs of victims taken by the defendant;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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) 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 provide personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, family relation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the protection effect of the victim, there are special circumstances that the Defendant may not disclose personal information.

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