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(영문) 수원지방법원 안양지원 2017.12.20 2017고단1587

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On August 7, 2017, at around 17:12, 2017, the Defendant taken the body of another person, who may cause sexual humiliation or shame using a camera, by photographing the part of the victim’s clothes and buckbucks, using a large camera function, where it is impossible to identify the name of his judy cell phone (No. 1) on the D station platform located in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs (property seized and content of damage);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes is due to - Unfavorable circumstances: despite the fact that there was a history of being sentenced to the suspension of indictment for the same kind of crime even around 2015, the crime of this case was committed at the same time; although there was a history of being sentenced to the suspension of indictment for the same crime; there was no previous conviction; - In other circumstances, where the conviction of the defendant against the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information, such as the defendant's age, sex, occupation, family relationship, etc., 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,

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order of personal information, and sexual crime subject to registration which may be achieved due to such order.