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(영문) 수원지방법원 2017.12.07 2017고단6436

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 6, 2017, the Defendant, at around 23:03 on Jun. 6, 2017, taken the body part of the body part of a female victim who is not his/her name, using S6 smartphones, when galloning the gallon of the Defendant.

Accordingly, the defendant taken the body parts of the victim who could cause sexual humiliation or shame by using the camera, against his will.

2. On July 25, 2017, the Defendant discovered the victim F (V, 23 years of age, 23) waiting buses at the bus stops located in E station located in E station in E station in E in terms of chronological Do around July 25, 2017, and photographs the part of the body of the victim using S6 smartphones after the victim’s gallonthy.

Accordingly, the defendant taken the body parts of the victim who could cause sexual humiliation or shame by using the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to F and G;

1. Reports on internal investigation (the details of the detection of the suspected suspect);

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to report on investigation (the date and time taken as a result of appraisal);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act takes into account the method and frequency of the instant crime and the record of taking pictures, etc. However, taking into account the following factors: (a) the Defendant reflects the mistake; and (b) the Defendant has no record of punishment other than punishment once by the fine of this type; and (c) comprehensively takes into account the following factors: the Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments and arguments, the punishment shall be determined as ordered.

.the personal information.