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(영문) 부산지방법원 2017.08.09 2017고단2909
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 20, 2016, around 04:00, the Defendant was hiding in the side column for female toilets for the purpose of photographing female body in the 1st floor of “Seoul Northern-gu building B” in Busan-gu, Busan-do.

Along with the fact that the injured party entered a side partitions, the victim took the image of the victim who took the dynamic image of the "Aphone 6" smartphone, and took the image of the victim who sees the urine in the light of the above as follows:

As a result, the defendant taken the body parts that may cause sexual humiliation and shame against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C (tentative name) and D (tentative name);

1. Application of the report on internal accidents and CCTV-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

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