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(영문) 부산지방법원 2014.02.28 2013고단8041
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 13:30, 2013, the Defendant, from the 2nd floor to the 3rd floor of the D department store located in Geum-gu, Busan on November 13:30, 2013, took a photograph of the body of the victim using the cellular phone of the Defendant, who was located in the Kamera, attached to the rear side of the victim E (n, 21 years old).

Accordingly, the defendant taken the parts of the body part of the victim's body which may cause a sense of sexual shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on mobile phone photographs and moving pictures;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes against the crime (the initial crime, the victim's penalty, the confession, and the reflectivity);

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 Committed;

1. Where a judgment becomes final and conclusive to submit personal information under Article 334 (1) of the Criminal Procedure Act with regard to a provisional payment order, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office

An order to disclose or notify the registered information, and an order to disclose or notify the registered information, must be careful as it may seriously affect the defendant. In this case, it is determined that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant in light of the defendant's status, etc., and thus, it does not issue an order to disclose or notify the registered information.

It is so decided as per Disposition for the above reasons.

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