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(영문) 인천지방법원 부천지원 2015.10.14 2015고단2214

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On July 15, 2015, at around 18:50, the Defendant taken visual images against his/her will, by inserting the Defendant’s cell phone located in subway 3 lines 3 in subway lines 30 via the Jongno-gu Seoul Metropolitan Government (Seoul), from the transfer escalators, using the Defendant’s cell phone located in the Kameras in the above Eracter as a bridge between the female victim’s bridge on his/her name and thus raising a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the protocol of seizure;

1. Application of the statutes on images of damaged photographs;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the relevant criminal facts;

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 that the defendant did not reach an agreement with the victim is an unfavorable circumstance.

However, there is no record that the defendant has been punished for the same crime, the fact that the defendant led to the confession of the crime of this case and shows his misunderstandings, and the circumstances of Article 51 of the Criminal Act are considered, and the punishment as the order shall be determined.

If a conviction on the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) in a judgment on a sex offense subject to registration of personal information 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, etc. of Sexual Crimes

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree and expected side effects of the disadvantage of the defendant, which can be achieved.