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(영문) 수원지방법원 2014.01.16 2013고단3843
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D Company” in Yeongdeungpo-gu, Suwon-si, Suwon-si.

On May 23, 2013, the Defendant, at around 08:40 on May 23, 2013, attached a small camera at the inside of the single-story female toilets of the above company, and taken the image of the above victim around 10:50 on the same day.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 13 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. If a conviction of the facts constituting the crime indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program becomes final and conclusive, 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 the relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure of personal information may not be given pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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