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(영문) 수원지방법원 평택지원 2014.10.30 2014고단1302
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On August 6, 2014, at around 17:11, the Defendant discovered the victim B (here, 39 years of age) who lives with household goods in the 29 E-ray, Pyeongtaek-si, which was located in Pyeongtaek-si, and took a cell phone in which the Defendant was seated after the victim, and collected the cell phone owned by the Defendant in the math of the victim, and then taken the body of the female by using the aforementioned mobile phone's camera function.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes concerning data by cutting down records of seizure, list of seizure, photographs of seized articles, and photographs of the victim stoma;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Where this judgment becomes final and conclusive to file for 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit his/her personal information to the head of a competent police agency pursuant to

In light of the Defendant’s age exemption from an order to disclose personal information, risk of recidivism, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the special circumstances that may not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

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