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(영문) 의정부지방법원 고양지원 2018.10.12 2018고정700
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 14, 2018, at around 11:03 to 11:04, the Defendant tried to take a photograph after operating a camera image display, which is inherent in a mobile phone that was held in order to photograph the pane in accordance with the Victim F (F., 20 years of age) of the victim, 4 times from the subway located in the E Station located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, the Defendant tried to run the camera image display, which was located in the cell phone in order to take the pane of the pane, but was unable to bring the victim’s “malicious.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (a CCTV analysis in history and the selection of suspects);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure 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 is obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, content of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is determined, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be ordered to disclose to the accused.

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