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(영문) 수원지방법원 2014.11.03 2014고단4817
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

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

Reasons

Punishment of the crime

Defendant,

1. On July 2014, the Defendant’s mobile phone number with a camera function attached in the E-U.S. A.D., and the victim F (n.e., 30 years old), side gate and bridge side, etc. of the victim F. (n. 30 years old), which were sitting in a chair by suffering famera, shall be taken after sunset;

2. Around 20:20 on July 17, 2014, a female toilet located in G and 3 Dong 1, and intrudes into a public place for sexual purposes. The victim H (n, 26 years of age)’s straw and traw, etc. in his mobile phone, which reported a string of the toilets due to the gap between the toilets and the rest of the toilets.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement;

1. Application of digital evidence analysis reports and replies-related Acts and subordinate statutes;

1. Use and photographing of criminal facts, such as relevant laws and cameras: Violation of public places for sexual purposes under Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Selection of each alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where the conviction of a defendant against a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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 obligated to submit personal information to a related agency pursuant

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., it is necessary to protect the children and juveniles against sexual abuse.

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