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(영문) 인천지방법원 2018.02.19 2017고단8880
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 31, 2017, at around 07:19, the Defendant followed the Victim F (F, 30 years of age) from the 3rd floor Enive radar located in Seo-gu Incheon, Seo-gu, Incheon. On the back of his female, the Defendant taken the side of the bridge, such as the Victim’s pathy, using the victim’s dynamic image shooting function of his opon 6S mobile phone, against the victim’s will.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the mobile phone image photographing function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (Gam G);

1. A seizure list;

1. On-site CCTV analysis data;

1. Application of the Acts and subordinate statutes of a response request for digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the defendant, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

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