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(영문) 수원지방법원 성남지원 2016.09.02 2016고단1755
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 08:40 on April 2, 2016, the Defendant discovered the victim E (one, half, and the age of 26) who was seated in the seat of the victim after taking a short string in the D bus that operates the new interest station located in the 264-lane as from the 194 Masan-si, Sungnam-si to the same Matern, and taken the balth of the victim's bridge by using Samsung Tgalss7 mobile phones of the Defendant.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Seizure records;

1. Investigation results (digital evidence analysis results), application of Acts and subordinate statutes on a report on digital evidence analysis;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Selection of fines (i.e., confession and rebuttal, primary offender, water level and degree of photographs, frequency, etc.);

1. Articles 70 (1) 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, which is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant

The defendant's age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc. shall be comprehensively considered.

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