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인천지방법원 2015.07.23 2015고단2785

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 21, 2015, at around 08:24, the Defendant discovered out that the victim D (the age of 18) suffered a short fright with the stairs located in the Bupyeong-gu Incheon Bupyeong-gu square, Incheon, which was located in the 16 Bupyeong-gu, and taken a video image of the victim's buckbucks and inner bucks.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using smartphones with similar functions, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the photographic Acts and subordinate statutes;

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 (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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant had had the record of having already been punished as a public performance or obscenity crime, which is a sexual crime, but the crime of this case was committed under unfavorable circumstances, such as the fact that the crime of this case was committed once more than once, and the fact that the defendant led to confession and reflects on the crime, etc., shall be considered favorable circumstances, and the punishment shall be determined as ordered by taking into account the various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 competent agency pursuant to

However, the defendant's age, occupation, risk of recidivism, content and motive of the crime, and method of the crime.