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(영문) 의정부지방법원 2016.12.23 2016고단4066

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 29, 2016, at around 07:37, the Defendant was going back to the back of the victim’s name influorial fluoring fluor, which was a stairs to transfer from the transfer stairs of the D Station 7 Station C located in Dobong-gu Seoul Metropolitan Government, and took pictures of the victim’s body that could cause sexual humiliation or shame against the victim’s will, using the victim’s camera function of smartphone.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning criminal motion pictures CDs and knives photographs;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Article 48 (1) of the Criminal Act of confiscation;

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

1. In view of the fact that the victim could feel a considerable sense of sexual shame due to the instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant’s liability for the crime shall not be less severe;

However, in full view of the various circumstances, including the confession and reflect of the instant crime, the fact that the Defendant has no record of criminal punishment for the same kind of crime, and the age, character and conduct of the Defendant, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., the sentence is ordered as per Disposition.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43

The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order or notification order.