logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.08.12 2015고단3209
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On April 28, 2015, at around 21:19, the Defendant taken a photograph of the victim’s stoke clothes, etc. over a total of 128 times from March 6, 2015 to the aforementioned temporary date, such as taking the victim’s stoke clothes, etc., where the victim’s name, which was placed prior to the Defendant’s use of the video photographing function of the mobile phone equipment used by the Defendant, is unknown.

As a result, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the video photographing function of mobile phone devices against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of statutes on photographs of damage;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that is a sexual crime subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency in accordance with

However, considering the Defendant’s age, occupation, risk of repeating a crime, type and motive of a crime, process of a crime, seriousness of a crime, degree and anticipated side effects of the Defendant’s disadvantage due to an order of disclosure notification, prevention and effectiveness of a sexual crime subject to registration that may be achieved therefrom, and effect of protecting victims, Articles 49(1) proviso and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow