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(영문) 수원지방법원 안양지원 2018.05.18 2017고단2457

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 21, 2017, at around 22:32, the Defendant taken the body of victims, who could cause sexual humiliation or shame, by photographing the flag (No. 1) from around 5 seconds of the victim D on September 21, 2017 to around 14 times from around June 26, 2017, by inserting the gallon (No. 34 years of age) into one’s own gallon, and inserting the gallon (No. 1) under the part of the victim D, and taking the gallon of the victim D on about 14 seconds of the victim from around June 26, 2017 to the point of view.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A protocol of seizure and a list of seizure;

1. A report on the results of analysis of digital evidence;

1. Application of the Acts and subordinate statutes to photographs of seized articles, to take on-site CCTVs, and to photographs taken by the victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

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) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of a crime in light of the frequency of the crime, the degree of causing a sense of sexual humiliation of photographs, etc. However, the Defendant’s mistake is against the undergraduate students of 23 years of age, and multiple sentencing conditions, such as character, conduct, family relationship, etc. of the Defendant are taken into account equally. In a case where a conviction against the Defendant on the criminal facts in the judgment that constitutes a sex offense subject to registration and submission of personal information becomes final and conclusive, the Defendant is 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 a related agency pursuant to Article 43 of the same Act.

.personal information;