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(영문) 수원지방법원 안산지원 2018.07.11 2018고단1947
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 February 25, 2018, at around 05:00, the Defendant sought to sleep at C’s house located in 105 dong B apartment house 1503 and 1503, and discovered that the Defendant was locked in the above C’s seat, the victim D (one, half, 23 years old) and the male-friendly room in the small male-gu room, and removed the small locking device, and then opened a visit and taken the image of the victim in the state of being exposed to a negative part by using the Defendant’s mobile phone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to photographs of victims;

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. 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 repeating a crime, details and motive of the crime, method and 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 and effect of the sexual crime subject to registration that may be achieved, and the protection effect of the victim, etc., the Defendant shall not be subject to disclosure of personal information.

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