logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.02.08 2016고단8075
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 February 4, 2016, the Defendant, located in Yeongdeungpo-gu Seoul Metropolitan Government on February 15:36, 2016, put his phone 6 smartphones into the bridge between the victim E (V, age 29) who was in front of the phone at the direction of the exit No. 13, E, E, 13, and took photographs of the lower part of the victim’s body part using the aforementioned smartphone’s photograph function once.

2. On April 13, 2016, at the same place as No. 1, 2016, the Defendant: (a) putting his/her smartphone 6 on a bridge between the victim F (n, 26 years of age) who was in front of his/her smartphone, into a bridge; and (b) taken a part of the body part of the victim’s path body using the aforementioned smartphone’s photograph function once.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

1. Application of Acts and subordinate statutes on the screen of CCTV closure (crime on April 13, 2016) and the screen of CCTV closure (crime on February 4, 2016)

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime, motive, process of crime, result, and seriousness of crime.

arrow