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(영문) 의정부지방법원 고양지원 2015.02.27 2014고단2484
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 3, 2014, around 21:23, the Defendant took photographs of the parts of the victim’s body by using the victim’s cell phone recording function of the victim’s cellphone recording function, when the Defendant was on board in the elevator for employees of the department store, and the victim B (n, 32 years of age) was on board in the nine floor, and the victim B (n, 32 years of age) was on board in the nine floor.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the smartphone photographing function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. Application of the Acts and subordinate statutes to photographs of moving pictures taken by the suspect on a mobile phone;

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

Article 49(1) proviso and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc.

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