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(영문) 수원지방법원 2016.06.30 2016고단1803

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 11, 2011, the Defendant, located in Suwon-si B in Suwon-si around 18:09, and around the exit of c1, the Defendant, at the end of the female victim, whose name the paper room with a smartphone is not known, taken a screen image of the part in the flamer by using the camera function of the said smartphone, and using the flamer function of the said smartphone.

From around that time to March 18, 2016, the Defendant taken photographs of the body of the victims who could cause sexual humiliations by using devices with similar functions, such as a camera, from around 13 times to around 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (attaching photographs of screen pictures of the suspension of criminal motion pictures);

1. Screening pictures to suspend screen pictures related to the extracted crime;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. In light of Article 334(1) of the Criminal Procedure Act, the reason behind sentencing of Article 334(1) of the Criminal Procedure Act, and the frequency of crimes, etc., the Defendant’s mistake is seriously against the Defendant, and the Defendant is the primary offender, etc., the punishment as set forth in the Disposition shall be determined.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal 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 information to a related agency pursuant to Article 43 of the same

The defendant's age of exemption from an order of disclosure or notification;