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Reasons
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(영문) 인천지방법원 2014.04.10 2013고단8541
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the location of the D convenience store in Bupyeong-gu Incheon Metropolitan City.

1. On December 11, 2013, the Defendant: (a) provided that, around 02:23, the victim E (at the age of 28) who purchased goods at the above convenience store, the Defendant sold ice cream and franchis to the victim E (at the age of 28) who purchased goods at the above convenience store; and (b) taken the victim’s franchis by using his/her mobile phone image recording function.

2. The Defendant, at the same time and place as the above paragraph, expressed that the victim F (n, 27 years of age) will go to the victim F (n, b7 years of age), followed the victim’s cream shooting function of his cellular phone, taken the victim’s body part and the cream in the body part of the victim by using the cream shooting function of his cell phone.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by the police in relation to E and F;

1. Each entry in the records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the images of photographs;

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

1. Selection of each alternative fine for punishment (the defendant's primary offense reflects his fault, and family relation, occupation and environment of the defendant are considered);

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

1. Articles 70 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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

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