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(영문) 의정부지방법원 2014.11.26 2013고단4045
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 21, 2013, the Defendant: (a) taken the chest part of the victim D (the age of 17) who works at the convenience store store B, using his cell phone camera function, and taken the body of another person, who could cause sexual humiliation or sense of shame, against his will, by taking the chest part of the victim D (the age of 17) who was working at the convenience store B at his own convenience store.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of police investigation report (to attach mobilephone images CDs)-related Acts and subordinate statutes;

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 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 becomes final and conclusive on the facts constituting a sex crime subject to registration, which is subject to 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 agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protection of the victim, etc., the disclosure order and notification order of personal information should be comprehensively taken into account. As such, there are special circumstances in which the disclosure or notification of personal information shall not be made pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children

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