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(영문) 의정부지방법원 2016.12.02 2016고단3581
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On August 29, 2016, at around 07:13, the Defendant taken a photograph of the Defendant’s cell phone in front of the Defendant’s cell phone, and the body body of the victim’s body in front of the victim’s body, under the name unexploded female victim’s fright, in the E transfer stairs located in Dobong-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will in a cell phone camera.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning photographic images

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In view of the fact that the victim could feel a considerable sense of sexual shame due to the instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant’s liability for the crime shall not be less severe;

However, in full view of all the circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the confession and reflect of the crime of this case, the fact that the defendant is the first offender who has no record of criminal punishment, and the age, character and conduct of the defendant, the process and motive leading to the crime of this case, and the circumstances before and after the crime, etc., the sentence shall be

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 relevant agencies pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type, motive, process, result, and crime of this case is exempted from disclosure or notification order.

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