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(영문) 수원지방법원 성남지원 2017.11.24 2017고단2672
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 19, 2017, around 23:24, the Defendant attempted to take the part of the victim's cell phone located in Samsung-gu, Sungnam-si, Sungnam-si, the Defendant did not go through the Defendant's attempt to take the part of the victim's cell phone by putting the Defendant's cell phone owned by the Defendant, which was located in the Kamera, into the victim's bridge between the injured party and the victim's bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Article 15 and 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is an unfavorable circumstance that the defendant has a record of the suspension of indictment for the same reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act.

However, in light of the fact that the defendant is the first offender, the defendant has shown his attitude to confession and reflect the crime of this case in this court, and the fact that the crime of this case was committed in the attempted crime of this case and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as set forth

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and sex offenses subject to registration which may be achieved due to such order.

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