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(영문) 서울중앙지방법원 2017.03.29 2016고단8790
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 3, 2016, at around 15:45, the Defendant taken a photograph of the victim’s name and influenite (20 parts) the fluenite of the fluenite pattern of 3 mobile phones in the gallon juth of the Defendant’s gallon juth of 3 mobile phones in the gallon juth of the Defendant, using the glusical image shooting function of the victim’s name and influence (20 parts) and the fluor of the victim’s name and influor (20 parts) and influor fluor in white (20 parts), who suffered the short blue fluor in the above location at around 15:53 on the same day, by using the dynamic image function of the aforementioned mobile phone.

Accordingly, the defendant taken three times against his will the body of another person who could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to investigation reports (the photograph of seized articles and the closure of crimes);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have committed the instant crime first in a net and reflective manner; (b) the fact that the first half of the first half of the second half of the year is a first offender with no previous conviction; (c) the fact that the custody at the site was seized; and (d) the method and form of the instant crime; (d) the contents of photographing materials; (e) the character and conduct of the Defendant; (e) the character and conduct of the Defendant; and (e) the circumstances before and after the instant crime, etc.; and (e) the sentencing conditions

A defendant shall be finally and conclusively convicted of facts constituting a sex offense subject to registration and submission of personal information.

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