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(영문) 수원지방법원 2018.11.01 2018고단5412
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On March 2, 2018, at around 00:0, at the hotel hotel rooms in Suwon-si B, Suwon-si, the Defendant taken a sexually related image image of the victim C (the victim, 46 years old) using a cell phone with a camera function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Investigation report (Submission of A photographic files) and investigation report (digital sirens results);

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. When a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 3 of the Addenda of the same Act (amended by Act No. 15352, Jan. 16, 2018), becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of 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 relevant agency pursuant to

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes comprehensively consider the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, the method and seriousness of a crime, the degree of disadvantage and side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims thereof.

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