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(영문) 광주지방법원 2018.07.18 2018고단2001
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

Punishment of the crime

On March 28, 2018, at around 10:54, the Defendant taken a dPC room located in Gwangju Northern-gu, and the part of the body part of the victim, which may cause sexual humiliation or sense of shame, by inserting the gap in which the Defendant’s portable phone with the camera function is calculated at the victim E (n.e., 26 taxes) in this location, following that woman’s back, and inserting it into a bridge between the victim’s and the victim’s portable phone, which could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the statutes on seizure records and the list of seizure lists;

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

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

1. Article 16 (2) 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - Where a judgment of conviction against a defendant on a sex crime subject to registration and submission of personal information becomes final and conclusive, 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

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

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