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(영문) 수원지방법원 2019.05.23 2019고정366

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

1. On April 30, 2018, the Defendant, at around 19:28 on April 30, 2018, taken a cell phone image of the victim who was under the part of the part of the victim with his/her nameless scam in B, Escopers.

Accordingly, the Defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera, etc. as above, against his will.

2. On August 13, 2018, the Defendant, on August 13, 2018, taken a cell phone image of the victim who was under the part of the part of the victim by using the cell phone from his nameless escalators around 16:33 on August 13, 2018.

Accordingly, the defendant taken the parts of the body which could cause sexual humiliation or shame on his cell phone, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. In cases of an investigation report, a photo of the screen of the suspension of screen pictures after closure, a criminal investigation report, and the application of the Acts and subordinate statutes attached thereto;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the selection of fines for each of the following reasons (the following conditions of sentencing)

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the defendant committed a crime, volunteer service is being conducted in a sense that it reflects his mistake, is being conducted to prevent recidivism, is being undergone gender-sensitive rehabilitation training, and is an initial offender who has no penal power, and there is a serious need for strict punishment of the defendant to prevent sex crimes using car that rapidly increased.