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(영문) 서울서부지방법원 2017.01.06 2016고단2090
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 22, 2016, the Defendant, at around 20:0, recorded a nameless female victim (victim No. 1) who was prior to the opening of the entrance stairs No. 2 of Mapo-gu Seoul Metropolitan Government B subway No. 2, No. 335, May 22, 2016, carried a cell phone with the victim’s body, such as buckbucks and bucks.

2. On May 29, 2016, around 21:40, the Defendant: (a) carried the victim’s body, such as bucks and bucks, by inserting the phone (Evidence No. 1) into the lower part below the fucks of the female victim (fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluoring

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame over a total of twice against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (Attachment to a photograph of a suspect's photograph and a photograph of the screen picture);

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

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

6. When a conviction on a sex offense subject to registration and submission of personal information under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of a crime, etc., including the fact that the Defendant was erroneous for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, 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 thus, is subject to Article 43 of the same Act.

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