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(영문) 수원지방법원 2017.08.17 2017고단3981

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 12, 2017, the Defendant taken screen pictures of the victim’s buckbucks, which suffered influent remaining color fluor, using the Defendant’s cell phone camera, from the Defendant’s cell phone fluor, around 15:16.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. Investigation report - Investigation of suspect pictures and videos;

1. Investigation Report - Investigation into photographs of the screen pictures of the suspension of extracted crimes;

1. Application of Acts and subordinate statutes to photographs of screen pictures to suspend dynamics of crimes, which are extracted;

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

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

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

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act requires consideration of the method and content of the instant crime, the record of taking pictures, etc. In addition, taking into account the following factors: (a) the Defendant reflects the mistake; (b) the Defendant has no record of having been punished for the same kind of crime; and (c) the Defendant’s age, sexual conduct, environment, details of the crime, and circumstances after the crime, etc., the punishment as set forth in the Disposition shall be determined by

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 the relevant agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, results and seriousness of the crime, order of disclosure or disclosure.