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(영문) 춘천지방법원 2017.09.19 2017고단764

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

The defendant is a graduate student attending the department of D University E in Chuncheon-si, the defendant is a graduate student.

On March 10, 2017, the Defendant found that there was a dialogue between the victim G (e.g., the age of 23) who suffered a short fat in the instant D University building No. 101, and the victim G (e.g., the age of 23) from which this name cannot be known, and the paper related thereto, and taken the victim’s bucks and legs using the Defendant’s mobile phone photograph photographic function.

In addition, from that time until April 3, 2017, the Defendant taken pictures and photographs of the victims at least eight times in total, such as the list of crimes in the attached list of crimes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each written statement of G, I and J;

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

1. Application of Acts and subordinate statutes to a report on investigation (Preparation of a list of crimes);

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, order for disclosure or order for exemption from disclosure and notification order.