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(영문) 인천지방법원 2016.11.30 2016고단6070
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On July 24, 2016, at around 22:05, the Defendant affected the building against the will of the manager of the building for criminal purposes by admitting women into the first floor of the building in the Yeonsu-gu Incheon Metropolitan City B building in the impulse that women would be melted.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) listens to sound that the Defendant waits in the roadside partitions from among the dates and places described in the above paragraph (1) and has attempted to take the victim’s cellular phone used by the Defendant above, while the Defendant tried to take the victim’s cellular phone, the Defendant did not commit an attempted crime because the victim discovered it did not reach the wind coming out of the mouth partitions;

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant provisions of the Criminal Act, Article 319 (1) of the Criminal Act, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the selection of fines for the crimes;

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

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

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

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

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, and the order of disclosure of personal information can be achieved.

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