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(영문) 의정부지방법원 2016.08.12 2016고단1797

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Around 00:40 on March 4, 2016, the Defendant discovered the Victim D (Gam, 17 years old) who returned to Korea with his uniform c at the time of the government around 00:0 on March 4, 2016, and then came to know that the Defendant was able to capture the camera function of the mobile phone, and then the Defendant was able to collect the mobile phone from the victim’s leash, and then escape.

Accordingly, the Defendant attempted to take the body of the victim, which could cause a sense of sexual shame, against his will, to take the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (as againstCCTV);

1. Application of Acts and subordinate statutes to data concerning the self-fashion intensity of the fashion line, CCTV images taken at the scene of the crime;

1. Article 15 and 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order the Defendant was trying to photograph the body body of the victim, which may cause a sense of sexual shame to the victim returning home at the latest at night, against his/her will, and the nature of such crime is not good. Thus, the Defendant needs to be punished strictly.

However, in full view of various circumstances, such as the confession and reflect of the instant crime, the fact that the Defendant has no record of being subject to criminal punishment for the same kind of crime, the victim does not want the punishment for the Defendant in agreement with the victim, the fact that the instant crime was committed in the attempted crime, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as set forth in the text shall be determined.

The judgment of sexual assault offenders who are subject to the registration of personal information.