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(영문) 인천지방법원 2018.03.21 2017고단9382

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 10, 2017, at around 12:02, the Defendant taken the victim’s bucks, bucks, and the bridges of the victim’s bucks, which may cause a sense of sexual shame by using the camera functions of his Samsung Falle 5 ( Model Name: SM-N920K, S/N: B) Smartphones and the bridges of the victim’s bucks, which might cause a sense of sexual humiliation, against his/her will.

In addition, from September 19, 2017 to September 28, 2017, the suspect taken a video image of the total of six persons against their female will, such as ambucks, bucks, and bucks, which may cause a sense of sexual shame, such as the list Nos. 1 to 6 of the crime list Nos. 1 to 6.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes by capturing a criminal video;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Crimes in question and the Punishment, etc. of Specific Crimes for which the choice of punishment is made (No. 2, 5, and 6 No. 5 of the List of Crimes in the Attached Crimes inclusive, choice of fines);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in No. 6 of the List of Crimes No. 1995, the largest penalty for 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 the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

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

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, type of crime of this case, motive, and motive of the defendant exempted from the disclosure order or notification order.