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(영문) 수원지방법원 안산지원 2016.12.26 2016고단4480
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

Criminal facts

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

On July 30, 2016, from around 05:47 to 08:04, the Defendant taken the sound of the victim C (the 20 years of age), who is the mother of the Defendant, on the part of the victim D (the 59 years of age), who was the mother of the Defendant, on the part of the victim C (the 20 years of age), who was the mother of the Defendant, in a place of residence where the Defendant was living together with his family members in Ansan-gu B and 105, using the clock-type malomera, in a way that the Defendant was able to take the ssaw-type macker in the private village by using the visual malomera, and taken the chest of the victim D (the 59 years

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records;

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

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (i.e., the confession and reflection of the defendant, the fact that the victim D seems not to want the punishment of the defendant, and the fact that the defendant does not want the punishment, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Each criminal fact that constitutes a sex offense subject to registration and submission of personal information, in accordance with Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted 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 previous one shall be disclosed or notified in consideration of family relations, former circumstances, etc.).

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