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Reasons
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(영문) 의정부지방법원 2015.03.11 2014고단2597
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

At around 12:30 on June 1, 2014, the Defendant taken a photograph by using a camera function of a smartphone owned by the Defendant, without the consent of the victims, from the ‘D' 'D' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W'

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Police seizure records;

1. The application of Acts and subordinate statutes, such as photograph of the victim taken by the suspect (it is deemed that the victim who suffered a short reflective body taken by the defendant has taken the body of another person, which may cause sexual humiliation or sense of shame, in light of the fact that the victim who suffered a short reflective body taken by him/her only knee and knee, and other place, knee, photograph, distance, body part, etc. of the victim;

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

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

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

1. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and exemption from disclosure or notification order.

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