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(영문) 의정부지방법원 2016.03.14 2015고단3530

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 August 19, 2015, at around 16:14, the Defendant taken the parts of the victim’s bucks with Handphones under the victim’s bucks and bucks with the Defendant’s Handphones, following the name-free female victim who was aboard the escalator in Seongdong-gu Seoul, Seongdong-gu, Seoul. On the same day, the Defendant taken the bucks of the victim’s bucks under the bucks and bucks with the Defendant’s handphones, and on the same day, taken the bucks of the victim’s bridges following the female victim, who was on the part of the victim’s fuck

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame using a camera or other similar mechanism, against their will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs;

1. Application of photographs and CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are primary offenders, and the Defendant’s age, sexual conduct, and circumstances after the crime are considered, and the punishment is determined as ordered by taking into account all the favorable sentencing conditions against the Defendant.

Where a judgment of conviction becomes final and conclusive on a defendant with respect to the crime in which he/she has decided to file for the registration of personal information and to submit such 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

The age and occupation of the defendant exempted from the disclosure order or notification order, records of the crime, details and motive of the crime, methods and results of the crime, and the disclosure order.