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(영문) 의정부지방법원 2016.11.25 2016고단3677

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On August 2, 2016, at around 22:20, the Defendant taken a photograph of the body of the victim, who was in front of the Defendant, and was in front of the victim D (V, 42 years old) of the Defendant’s cell phone 103 unit elevator of Guri-si, Guri-si, 103 unit elevator of the Defendant’s cell phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will in a cell phone camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Considering that the instant crime committed on the grounds of sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed with considerable sense of sexual humiliation and uneasiness, Defendant need to be punished strictly.

However, in full view of the various circumstances, such as the confession and reflect of the instant crime, the fact that the Defendant has no record of the same crime, the Defendant has no record of punishment exceeding the fine, the victim did not want the punishment of the Defendant by mutual consent with the victim, the Defendant’s age, character and conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the sentencing conditions specified in the records and arguments as ordered in the disposition.

Where a judgment of conviction against a defendant on a crime 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, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act