logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.20 2016고단979
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one 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

On February 9, 2016, the Defendant was in possession of the victim D (V, 26 years of age) following the victim D (V, and 26 years of age) who was coming from a shorter fright on the first floor of the C underground located in Seocheon-gu, Seocheon-gu, Seocheon-si B around 21:18.

gallon, using S2 smartphone camera, the victim's bridge part was taken in the video.

Accordingly, the defendant taken the body of the victim who may cause a sense of sexual humiliation against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes concerning the closure of a shot picture;

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. 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.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. The criminal liability for committing a second offense, even though the criminal defendant was subject to a conditional suspension of indictment on education for the same offense in 2014, is not easy.

However, there is a difference.

arrow