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(영문) 수원지방법원 2018.02.08 2017고단6195
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 26, 2017, around 19:55, the Defendant: (a) taken the victim E (n, 26 years of age) and F (n, 25 years of age) using the cell phone camera function of the mobile phone in which the victim was followed by the victim E (n, 26 years of age) and F (n, 25 years of age).

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other devices against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A report on internal investigation (on-site situations, etc.);

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The main sentence of 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. The sentencing of Article 334(1) of the Criminal Procedure Act is contingent crimes for the reason of sentencing of the Criminal Procedure Act, taking into account the fact that the defendant recognized the crime and reflects the mistake, and that the defendant has no record of punishment in the Republic of Korea, and the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the method of photographing, photographic body parts, the defendant's age, sexual conduct, environment, and conditions before and after the crime, shall be determined as per the text.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to the registration of personal information to be submitted, the defendant 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same

The defendant is exempted from the disclosure order or notification order.

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