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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단3146
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

Punishment of the crime

On October 18, 2014, the Defendant, while playing a game in the PC room located in the fourth floor of the Goyangdong-gu C building in Goyangdong-gu, Goyang-si, the Defendant, on Oct. 18, 2014, took a photograph of the victim D (n, 25 years of age) who operated the game at that location, using a cell phone that he had taken to see a change in the room for women’s toilets.

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. Statement of D;

1. Application of the video Acts and subordinate statutes after each CCTV closure;

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

1. Articles 70 (1) 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 Committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 48(1) of the Confiscation Criminal 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 the defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victim, etc., the personal information shall not be disclosed and notified in accordance with 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.

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