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(영문) 인천지방법원 2016.11.23 2016고단7053

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Around November 23, 2015, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken a video recording of the victim’s sexual intercourse with the victim in the name of the victim who had sexual intercourse with the victim who had sexual intercourse with the victim who had sexual intercourse with the victim who had sexual intercourse with the victim who had sexual intercourse with the victim who had sexual intercourse with his/her own cell phone in a cremation room, etc. in the form of hiding the Defendant’s cell phone and using the video photographing function of the aforementioned mobile camera, from April 19, 2016 to April 02:37, 2016, by means of the foregoing five times in total, as shown in the list of crimes, as shown in the list of crimes.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

2. On April 10, 2016, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed sexual traffic by providing 200,000 won to women G with sexual intercourse (n, 23 years of age) at the mobile phone-based guest room located in the Eelhouse located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu. In addition, around 06:24, the Defendant engaged in sexual traffic by giving 20,000 won to women G with sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Application of the Acts and subordinate statutes to photographs (shot images on the face of a sex relationship);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment of Acts of Arranging Sexual Traffic, etc., and Article 21 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of Fines concerning Crimes;

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. Where a conviction against the defendant is finalized on the criminal facts that constitute a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the provisional payment order shall be registered.