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(영문) 전주지방법원 2017.02.17 2016고단2156
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

At around 16:50 on May 26, 2016, the Defendant discovered the victim E (one-seven years of age) suffering from nikikikis, and stored the Kameras in smartphones owned by the victim following the victim into a bridge between the victim and the victim's bridge, and taken approximately 40 seconds and legs of the victim's pelmas and legs as screen image function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a camera for the purpose of meeting his own sexual desire, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. Each investigation report (to be accompanied by a video reading and video reproduction, such as the current status of on-site mobilization, etc.;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes governing the reproduction of criminal motion pictures;

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. 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. In the event of unfavorable circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act with regard to the provisional payment order, the Defendant taken a video image of the victim’s cream, and the nature of the crime is not good in light of the method of the crime.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant does not want the punishment of the injured party in agreement with the injured party, and that the defendant has no record of criminal punishment for the same kind of crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where the registration of personal information and the judgment of conviction against the defendant to be submitted is finalized, the defendant.

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