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(영문) 인천지방법원 2017.01.25 2016고단3935
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 2.5 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 26, 2016, at around 21:00, the Defendant d's house located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, performed drinking together with the victim E (n, 20 years of age) and D. On February 27, 2016, the Defendant d's 27th of the same month, 03:0 D's room for his/her locking, and the victim and the 2th of the same month am under the influence of alcohol, taken the part between the victim and the locked, his/her her her her her her her her her her her

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame over three times, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (hereinafter referred to as "video analysis");

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. 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.

The reason for sentencing is not that of the defendant's body taking pictures of the victim's body, but that of the defendant's wrong.

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