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(영문) 서울서부지방법원 2017.04.21 2016고단3450
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 7, 2016, at around 21:00, the Defendant taken pictures against the victim’s body by inserting smartphone (No. 1) into the part of the victim’s body, where it is impossible to identify the name of the test color fuck in the front of the Defendant at E (E (E) escalator located in Mapo-gu Seoul Metropolitan Government, and photographing approximately one minute of the victim’s body using a mechanical device having a function similar to the camera, which could cause sexual humiliation or sense of shame.

2. At around 21:04 on the same day, the Defendant taken the victim’s body against the victim’s will, by inserting the aforesaid smartphone into the victim’s bucker’s body, which could cause sexual humiliation or sense of shames by taking a part of the victim’s bucks in the bucker’s body, where it is difficult to find out the name of the Defendant’s front stairs, which he was able to know the name of the Defendant’s bucker, and taking approximately one minute of the part of the victim’s bucks in the bucker’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes to a criminal investigation report (a photograph of the video taken by the suspect);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: Although the defendant had a record of a disposition of conditional suspension of prosecution by the prosecutor's office for the same kind of crime, he/she also committed each of the crimes in this case;

1. favorable circumstances: The defendant reflects the fact that he/she commits a mistake, and makes efforts to receive a psychiatrist and medical treatment to prevent recidivism, and has no previous record of judgment;

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