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(영문) 수원지방법원 안산지원 2018.01.17 2017고정1216
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 7, 2017, the Defendant, from the outer wall of the first floor of the building located in Ansan-si, Ansan-si, the victim C (n, 19 years of age) was cut through a window, and taken a shower view that the victim could feel a sense of sexual shame by using mobile phones.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera or similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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) of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 provide personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, family relation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, the effect of the protection of the victim, etc., there are special circumstances in which the Defendant may not disclose personal information.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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