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(영문) 수원지방법원 2017.08.17 2017고단4197

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 19, 2017, the Defendant taken the parts of the body part of another person’s body in the same method three times from May 25, 2017 to May 08, 2017, using a video recording function of the victim’s cell phone 7 (Serial No. D) after the victim’s non-name women, as well as the Defendant taken the parts of the body part of another person’s body part of the body part of another person’s body in the same manner as written in the list of crimes, in the same manner as written in the list of crimes, from around 08:01.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment to screen pictures of screen pictures suspending dynamics with closures);

1. Application of statutes on records of seizure and lists of seizure;

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 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 48(1)2 and (3) of the Destruction Criminal Act becomes final and conclusive, the Defendant is 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, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc.