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(영문) 인천지방법원 2017.11.30 2017고단5500
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 31, 2017, around 19:14, the Defendant accessed the victim E (e.g., the age 29) suffering from the nuclear car of subway 1 lines of subway lines located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, via the rear of the victim E (e.g., the age 29) in the electric car, and taken the body of the victims of a number of female victims who are not capable of causing a sense of sexual shame by inserting the "Spha Camp" into the victim's bridge with the victim's bridge on the same day, as shown in the list of crimes in attached Table 10 days on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Images of the dynamic images, places and photographs of the place of crime and arrest place, image images of the crime committed, and photograph of the location of the camp;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The Defendant has the following disadvantageous elements for sentencing.

A. Each of the instant crimes was committed within the repeated crime period due to the crime of injury resulting from forced indecent act.

(b) did not reach an agreement with victims;

(c)

According to the statement of the defendant in investigation agency, the body of women was taken more than 200 times a month.

(d)

According to the previous investigation of the judgment, the defendant's intent to comply with the law is weak and the possibility of recurrence is high due to the lack of control, so the treatment in the facility is appropriate.

2. Nevertheless, the following favorable sentencing factors and the age of the accused;

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