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(영문) 인천지방법원 2014.06.19 2014고단2943

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On April 9, 2014, at around 14:54, the Defendant taken a camera of a Handphone owned by the Defendant against the victim’s will against the victim’s will, on the name and influence of the victim’s bridge and Handphone in order to board the electric vehicle in the valley of Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

2. On April 9, 2014, at around 14:54, the Defendant taken pictures of the victim’s legs and bridges under the Handphones carried by the Defendant against the victim’s will against his/her own will, taking the Handphones of the victim’s name unexponing the escalator from Escon.

3. On April 9, 2014, around 19:48, the Defendant taken pictures of the victim’s legs and Handphones owned by the Defendant against the victim’s will against the victim’s intention, using a slot machine, which is located in the 300-ro, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si.

4. On April 11, 2014, at around 18:49, the Defendant taken the bridges of the victim B (here, 20 years of age) and the blocks of the Defendant against the victim’s will, in the subway that operated nearby the subway 7 line of the Bupyeong-gu Incheon Seocheon-dong subway 7, Seocheon-gu, Incheon, the Defendant taken the block of the blocks of the Defendant against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Each entry in the records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the images of photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of each selective fine for punishment (the defendant reflects his/her fault, family relationship, environment, etc.);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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 judgment of conviction on a sex offense subject to the obligation to register personal information and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive.