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(영문) 의정부지방법원 2015.11.16 2015고단2507

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 March 30, 2015, at around 22:13, the Defendant taken the Bridge and the stop in a small camera in the form of Handphone transferr, the name-free women’s bridge and the stoke in the name-free women’s bridge and the stoke in the front 7 line metal, along with the Defendant’s photographed the stoke and the stoke in the form of a Handphone. From then to April of the following month, the Defendant taken the 9th female stop and the stoke in the name of the Defendant, as shown in the

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (a photograph of a female suffering from an incurable accident taken by a suspect after capturing the female);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case is not less than the nature of the crime of this case, such as taking the body of a woman who has been debrised nine times within a short period of less than a week by using a small camera in the form of a Handphone, but the crime of this case is not less than the nature of the crime. However, the fact that the defendant was aware of the crime, and that there was no past record of criminal punishment prior to the crime of this case is favorable to the defendant. The defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be considered as favorable to the defendant. Accordingly, the punishment of this case is determined as per the order.

The facts constituting a sex offense subject to registration shall be recorded and submitted.