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(영문) 의정부지방법원 고양지원 2017.11.21 2017고단3218

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 17, 2017, the Defendant was sentenced to two years of suspension of execution in August 25, 2017 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) in order to support the High Government District Court.

On August 24, 2011, the Defendant taken a bridge that may cause a sense of sexual shame against the victim’s will by using his own cell phone with a short mermera function at an influent and lower end, and displayed his photograph on the Internet next camera “C” bulletin board around August 24, 201, and displayed it openly on the bulletin board as shown in the attached list of crimes. The Defendant taken a photograph of a specific body part that may cause a sense of sexual humiliation against the victim’s will over 15 times in total, and displayed it openly on the aforementioned bulletin board.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (Attachment -2 to the closure of photographic data in a camera;

1. Previous offense: Application of Acts and subordinate statutes to the defendant's legal statement and investigation report (a copy of the judgment attached);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the contents and methods of the instant crime and the frequency thereof; the victims have suffered a considerable sense of sexual shame; the recognition and reflection of the Defendant’s crime; the Defendant’s age, sexual conduct, environment, physical condition; the circumstances after the commission of the crime; etc. shall be comprehensively considered and determined as ordered.

subject to registration of personal information, which shall be registered.