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(영문) 수원지방법원 2018.10.04 2018고단4628

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 26, 2018, the Defendant, at around 16:27, recorded in the list of crimes in the attached Form, taken approximately one minute of a fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor, in the same way, from around August 31, 2017 to March 16:27, 2018.

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. Statement by the defendant in court;

1. Report on the results of analysis of digital evidence;

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

1. The application of Acts and subordinate statutes, including a report of investigation (including a photograph of the place of crime), a report of investigation (including a record of modified crime and a CD case of video copies), a sight fee for a crime, a photograph of each crime committed, a photograph of the closure range, a video, and a copy of a photograph of each crime list;

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(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) and Article 3 of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018), becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.