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(영문) 서울남부지방법원 2017.10.18 2017고단3610
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 8, 2017, the Defendant taken videos of the body parts, such as buckbucks and bucks, which may cause sexual humiliation against the will of women, within the subway prior to subway trains using mobile phones owned by the Defendant, and the body parts, such as bucks, and bucks, which may cause sexual humiliation against the will of women, from that time until April 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. C’s statement;

1. Application of the Acts and subordinate statutes to take a photograph of a dynamic image discovered from a mobile phone by the person under his/her mobile phone and to take a fluore photograph;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent 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. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes is that the defendant took videos against his/her own body over several times against his/her will, and that there was no record of juvenile protective disposition due to a crime committed against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) before the crime is not good.

However, according to the fact that the defendant makes a confession of his mistake and reflects against himself, the medical records and psychological evaluation reports submitted by the defendant and the statement attitude in this court, etc., the defendant seems to have a mental disorder of the Do, the fact that there is no past record of criminal punishment is advantageous to that of the defendant, and the punishment shall be determined as ordered by taking into account the conditions of sentencing as shown in the records and changes.

.personal information;

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