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(영문) 인천지방법원 2017.01.18 2016고단7887
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Crimes against victim B (n, 33 years old);

A. On June 29, 2016, at around 12:59, the Defendant, at the third floor office of the Seoul Seocho-gu Seoul Metropolitan Government Financial Services D Co., Ltd., in which the Defendant was working, taken photographs of the victim by getting the cell phone owned by the Defendant under his/her client and making a conversation by facing the trustor at the third floor of the Seocho-gu Seoul Metropolitan Government Financial Services D Co., Ltd., which he/she was working.

B. On July 29, 2016, at around 12:55, the Defendant taken photographs of the body of the victim in the same manner as the above paragraph (a) at the place indicated in the above paragraph (a).

2. On July 15, 2016, the Defendant of the crime against the victim E (V) taken photographs of the flag’s math of the victim, under which the Defendant was holding, while making a telephone call using the telephone of the office on the flag of the Defendant, at the places described in the above paragraph 1-A around July 11, 2016, where the victim was seated by the victim, and where the flag inside the cellular phone owned by the Defendant was made by using the telephone of the office on the flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of statutes on records of seizure and lists of seizure;

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. 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. 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.

The defendant is not a party to issue an order to disclose personal information.

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