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(영문) 수원지방법원 안산지원 2015.02.04 2014고단3123
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On July 31, 2014, the Defendant: (a) around 07:15, from the gold station of subway 4 located in the 750 military supplies of war to the same election area located in the Dongjakdong of Dongjak-gu Seoul Metropolitan Government, the Defendant: (b) reported that the victim G (V, 32 years old), who was seated by the Defendant, was placed in front of the chair seated by the Defendant; and (c) taken the part in front of the victim’s cellphone 5 smartphones owned by the Defendant.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes governing the G production;

1. Relevant provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (in spite of the absence of recovery from damage to the victim until his/her job, the confession and reflect of the criminal defendant, the deletion of the images stamped by the criminal defendant, and the primary fact by the criminal defendant, etc.);

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

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

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

1. Where a conviction becomes final and conclusive with respect to a crime that constitutes a sex offense subject to registration and submission of personal information under Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemption from Disclosure and Notification of Personal Information, 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 (no disclosure and notification of personal information shall be made in consideration of the initial crime, family relationship, and the previous circumstances), 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 obligation

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