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(영문) 창원지방법원 2017.07.25 2017고단209
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)
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

On January 1, 2017, the Defendant, within the “E club” under the ground of the building in Sungwon-si, Changwon-si, Sungwon-si, Sungwon-si, and took the side of the victim F (n, 25 years of age), G (n, 24 years of age), and name-free women’s bridge, respectively, with s7 smartphones when the Defendant’s galloning jum.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

Application of Acts and subordinate statutes to photographs taken by the defendant in the seizure protocol of each police record against the defendant F and G

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

2. Selection of a fine for selective punishment (or, even though not receiving a letter from victims or compensating for damage, taking account of the fact that the defendant was an initial offender and is repented).

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

6. Where a conviction against a defendant who has registered personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant shall be subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obliged to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information 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. Thus, the order for disclosure or notification of personal information is not issued.

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