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(영문) 인천지방법원 2019.07.17 2019고단2871
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

At around 00:20 on September 12, 2018, the Defendant: (a) opened a subway line 4 line; (b) opened a cell phone juS8 mobile phone screen; (c) taken the victim’s bridge and bucks in front of the victim B (tentative name); and (d) continued to transfer the victim’s bridge and bucks to the subway line 6 lines from the triangulation station to the subway line; and (c) taken the victim’s bridge and bucks from July 5, 2017 to September 12, 2018; and (d) taken the victim’s bridge and bucks over 37 occasions in total from September 12, 2018 to September 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement made by the police against B;

1. A report on investigation (Attachment to a list of crimes);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the relevant criminal facts and the selection of punishment for such crimes;

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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

1. Where a judgment becomes final and conclusive on the duty 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 pursuant to 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 competent agency pursuant to Article 43

The age, occupation, risk of recidivism, and type of the crime in this case, of the defendant exempted from the disclosure order or notification order.

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