beta
(영문) 의정부지방법원 고양지원 2017.08.17 2017고단1514

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) on April 2, 2017, at Mapo-gu Seoul, around 16:00

B. In subway C’s stairs No. 9: B. B. The 15th day of the 20th century, the finite female suffering from the short 20th century, followed, and the body part of the finite, which is capable of causing sexual humiliation with the finite white smartphone, with the function of photographing the dynamic image, was taken for a period of one minute against his will.

2. On April 2, 2017, at around 16:09, the Defendant: (a) taken a 20-year colorless female with a short chromatic color at the places indicated in paragraph (1) at around 1, 2017; (b) taken video images for one minute and 24 seconds in the same manner as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of photographs showing the crimes);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment and the fact that the defendant is the first offender, each of them shall be determined by the text of the Criminal Procedure Act, comprehensively taking into account the records of the crime, the age, behavior, environment, circumstances after the crime, etc. of the defendant;

When a conviction on a crime in the judgment that is a sex crime subject to registration and submission of personal information 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 is obligated to submit personal information to a related agency under Article 43

The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, result and seriousness of the crime is exempted from the order of disclosure or notification of personal information.