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(영문) 의정부지방법원 고양지원 2016.06.29 2016고단1318

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

From April 3, 2016 to April 14:46, 2016, the Defendant taken photographs of the victim's bridge and spatha in the same way as the list of crimes in attached Form 15 times from around 11:30 on April 3, 2016 to around 14:46 on the same day, using other cases camba in possession of D (n, 22 years of age) with a shorter camba in the “C” store in Gangnam-gu Seoul underground 1, Gangnam-gu, Seoul, for the victim D (n, e.g., the victim's bridge and spatha).

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to photographs of body parts and criminal implements of victimized women;

1. 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. 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 of the Criminal Act, 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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is large number of victims of this case, and the fact that the defendant planned to set up in other cases a camera called a liquid camping in advance is disadvantageous to the defendant.

On the other hand, photographs, such as the contents of the instant crime, were made within a short time, and the defendant does not have the same criminal records, the defendant's age, sexual conduct, environment, and circumstances after the instant crime shall be comprehensively considered. The punishment as ordered shall be determined by the text.

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