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(영문) 인천지방법원 부천지원 2017.11.08 2017고단2050
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, around 22:51, the Defendant taken the parts of the body part of the victim C (V, 27 years old) who was suffering from the Defendant’s cell phone in the passenger car of the subway No. 9, which was in operation from the Masan Station located in the 40-ro of Yeongdeungpo-gu Seoul Metropolitan Government to the salt hold station located in 631 at the airport of Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of damage C;

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

1. 112 Application of the 112 Reporting case handling table and investigation report (Attachment to the body body photographs of the victim stored in the suspect mobile phone);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture are both recognized and reflected by the defendant.

While under the influence of alcohol, we turn on flash and committed the crime, and the photograph was not clearly marked.

Along with the victim's death and the agreement was reached.

It is receiving psychological treatment.

However, in 2014, the defendant is punished by a fine for the same crime such as Kamermgraphing, but it is necessary to strictly punish him/her as committing another crime without good cause even though he/she was punished by a fine.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information 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 head of the competent police office pursuant to Article

The defendant's age, occupation, and exemption from the disclosure order or notification order.

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