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(영문) 수원지방법원안양지원 2020.11.20 2020고단1551
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

At around 00:25 on July 18, 2019, the Defendant taken a photograph of the victim D (math, 27 years old) body by detecting the liquid septic plane of the Aphone8 Plopphone with a paper bag from the Sinpo City B and C's office, and taking a photograph of the body of the victim (math, 27 years old) by using the video recording function of the mobile phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the results of digital analysis;

1. Article 14 (1) of the relevant Act on Criminal Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the punishment is selected;

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 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The reason for sentencing in light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism; (c) motive and method of committing the instant crime; (d) disclosure order; (e) anticipated side effects and disadvantages of the Defendant’s disadvantage due to disclosure order; (e) the prevention of sexual crimes subject to registration that may be achieved by such order; and (e) the effect of protecting the victims, etc. of the Defendant’s personal information, the Defendant taken pictures of the victim’s personal body at the escape room; and (e) the Defendant taken pictures of an unspecified number

However, most of them are specified.

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