logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.04.27 2016고단4492
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 16, 2015, at around 21:42, the Defendant: (a) entered the ccom 705 head room located in Songpa-gu Seoul, Songpa-gu, with the victim D (n, 53 years of age) who is the main employee; (b) installed a telephone camera in which the victim was in possession of a toilet for the victim; and (c) opened the victim’s cell phone in front of the ccom string; and (d) tried to take the cream on the part of the victim who was in sexual intercourse with the Defendant against the victim’s will; (b) however, the Defendant did not take the ccom sat sat sat sat sat sat sat sat sat sat 705;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Seizure records;

1. Investigation report (absing back of video files with sexual intercourse);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of suspect repeated crimes);

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Crimes (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a defendant generally;

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other various circumstances, such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects therefrom.

arrow