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(영문) 인천지방법원 2015.09.24 2015고단4886
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On June 3, 2015, at around 14:01, the defendant taken the 309 additional digital group's lower body part of the bridge of the damaged women from the string stairs in the numberless digital group area of Geumcheon-gu Seoul, Geumcheon-gu, Seoul as a video, and the same month.

8. Around 09:47, at E.S. level, a photograph of the flag of the damaged women’s flag’s flag, from E.S., moving to five parts of the above digital group area.

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. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on photographs and photographs of cell phones used for crimes;

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. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code for the crime of this case seems to have considerable mental impulses and sexual humiliations of the victim due to the crime of this case. However, the defendant's primary offender who has no criminal power, the number of crimes is limited to one time, the defendant is led to confessions and reflects, and the defendant does not prevent re-offending and does not lead a sound life. In addition, taking into account various matters stipulated in Article 51 of the Criminal Code, which are the conditions for sentencing, such as the defendant's age, character and behavior, character and environment, which are shown in the records and arguments of this case, the sentence of the defendant shall be suspended since the defendant's opening conditions is obvious.

A judgment of conviction shall be made on the criminal facts of a sex offense subject to registration.

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