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(영문) 서울남부지방법원 2018.01.10 2017고단5293

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On July 4, 2017, at around 19:30, the Defendant taken a picture of a victim who could cause sexual humiliation or sense of shame in his name-free women on 16 occasions from June 2017 to July 4, 2017, taking a picture of 23 seconds in front of the Defendant’s Handphone, using the Defendant’s Handphone, and taken a picture of the victim’s name-free women on 16 occasions from June 2017 to July 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Investigation report (Attachment to seized photographs and screen pictures of video images), investigation report (report on the need for confirmation of suspect Handphone images and for digital analysis), investigation report (in the course of digital analysis of suspect handphones), investigation report (in the case of digital analysis of suspect handphones);

1. Application of Acts and subordinate statutes of Chapter XIV to the screen of a golf course and photographs;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act does not include a large number of times of crimes, and the nature of crimes is not somewhat weak in light of the fact that the method of punishment is not good. However, the Defendant’s confessions and reflects his mistake, and the Defendant has no record of criminal punishment except that he was punished by a fine of KRW 1 million due to an injury in 2012, and other conditions of sentencing as indicated in the records and changes shall be comprehensively taken into account.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.