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(영문) 청주지방법원 2018.07.27 2018고단977
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim are customers who have sold goods in B.

On April 1, 2018, the Defendant discovered the victim D (W, 33 years of age) who puts goods by breaking the flab in B located in the petition-gu, Cheongju-si, Cheongju-si, and Cheongju-si, found the victim D (W, 33 years of age) who was flabed in the petition-gu, and then laid down the flab of the victim by using his cell phone while she was seated.

Accordingly, the defendant taken photographs against the victim's will by using a mobile phone camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigation reports ( Results of digital evidence analysis);

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

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

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of sexual crime subject to registration that may be achieved, the effect of protecting the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed.

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