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(영문) 광주지방법원 2015.03.25 2015고단28
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 October 14, 2014, at around 22:26, the Defendant taken pictures through the window of a bath room, by operating the camera function of Defendant Handphone in front of 302 of the third floor of the Seo-gu Seoul building, Seo-gu, Gwangju, and by operating the camera function of Defendant Handphones, which may cause a sense of sexual humiliation of the victim D (age 26, leisure).

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Report on the results of analysis of digital evidence;

1. The records of seizure and the list of seizure (According to the report on the results of digital evidence analysis, the defendant, after photographing the body of the victim who takes the Handphone function and takes a bath of the victim, can be recognized as having been stored and deleted. Thus, the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the use of a camera, etc.) has been completed.

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

1. Optional fine;

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

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

1. Where a conviction on a sex offense subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal 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 the defendant is obligated to submit personal information to the head of a competent police agency pursuant to Article

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are deemed to have special circumstances where personal information may not be disclosed or notified in full view of the Defendant’s age, record of the crime, content and motive of the crime, method and consequence of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc.

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