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(영문) 창원지방법원 통영지원 2016.07.22 2016고단616
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On March 31, 2016, at around 20:55, the Defendant: (a) discovered a female in a multi-household house B, through the window for a public bath room at the victim C (the 53 years old, 53 years old, 195)’s residence; (b) taken the body against his will that could cause a sense of shame for the victim; and (c) taken the body against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on a crime committed in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 head of a competent police office pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

As a result, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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