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(영문) 광주지방법원 2016.11.04 2016고단2801
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 28, 2016, at around 18:30 on April 28, 2016, the Defendant taken the body of the Victim D (A, 15 years old) who was making a know to see a urine in the side partitions of CPC toilets in Gwangju Mine-gu, Gwangju, with cell camera, against his will.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each Act or subordinate statute stated in the statement and stenographic records of the victim;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is subject to the obligation to register and submit personal information under 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 the defendant is obligated to submit personal information to the head

In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of re-offending, benefits expected to be expected by an order or notice of disclosure and the effect of prevention, and disadvantages and side effects resulting therefrom, etc., the disclosure or notice of personal information is deemed to have special circumstances that may not be disclosed or notified. As such, the disclosure or notice order shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing.

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