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(영문) 수원지방법원 2013.09.12 2013고단3555
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 14, 2013, at around 19:05, the Defendant discovered the victim B (e.g., 32 years of age) who was purchasing food at the home pluger 2 floor located in the Suwon-si, Suwon-si, Suwon-si, and discovered the victim B (e.g., 32 years of age). On the back of his/her female, the Defendant then opened one cell phone of his/her LG options mobile phone in front of his/her own possession, and then cut off his/her knick, and then recorded his/her knick, so that he/she may feel sexually against the victim’s will, thereby making him/her feel sexually.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes by capturing the video;

1. Article 13 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 1

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 under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of 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 is obliged to submit personal information

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive, progress, and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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