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(영문) 수원지방법원 안양지원 2016.07.29 2015고단2083
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 May 21, 2015, around 13:39 around 13:39, the Defendant intruded into the gate for women’s toilet of the first floor C commercial building in Jungcheon-si, Seoul. In order to view the victim D (n, 28 years of age) to view the day, the Defendant entered the side screen, and the Defendant’s mobile phone with the Kameras’s function to take the part of the victim’s body and attempted to take the part of the victim’s body.

Accordingly, the Defendant attempted to photograph another person's body, which could cause sexual humiliation or shame, using a camera or other similar mechanism, with a view to meeting his own sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (which means attempted to take photographs, such as a camera), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where the conviction of the Defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information 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 a related agency pursuant to Article 43 of the above Act.

However, there is no criminal record of the same kind, and only the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50.

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