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(영문) 인천지방법원 2016.11.23 2016고단7157
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 May 4, 2016, at around 17:47, the Defendant: (a) established a smartphone as a video camera in the Southern-gu Incheon Metropolitan City area B; (b) commenced a video recording; and (c) taken the body of the victims, who might cause sexual humiliation or humiliation over a total of 20 times, as indicated in the list of crimes in attached Form 2, to follow the victim’s name in which the bridge and tam are cut back, and then taken a picture of the victim’s body against his/her will so that the part of the bridge and tam can be emphasized so that the part of the bridge and tam can be emphasized.

2. On August 10, 2016, at around 15:30 on August 10, 2016, the Defendant attempted to take the victim’s body, which may cause sexual humiliation or sense of shame, against his/her will, by setting up smartphones as photographing seat when the vehicles used to run in the East Mancheon Station, and focused on photographing the victim’s legs, etc., due to the name in which he/she was seated as soon as possible. However, the Defendant attempted to take the victim’s body, which could cause sexual humiliation or sense of shame, without taking the photograph, by concerns that it might be discovered to the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Serials, video closures and photographs by crime sights;

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of Fines for Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual 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 against the defendant is finalized on the criminal facts subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, which are sex offenses subject to registration;

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