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(영문) 인천지방법원 2016.09.07 2016고단3380
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of five 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. On May 29, 2016, the Defendant committed the crime on May 29, 2016, around 17:55, on May 29, 2016, up to 17:55, from E department stores in Nam-gu Incheon Metropolitan City E, to the tape, left a mountain and camping mar from E department stores up to the second floor, and put the camping mar and friendly mar in the black hand room, and taken the mar of a woman’s name in whose name the test color and mar suffered.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame using a camping camer, against his will.

2. Around May 29, 2016, the Defendant, on May 29, 2016, taken the fat of the victim F (n, 26 years of age) on the second floor of the above department store in the same manner as that of paragraph (1), around May 29, 2016, around 18:00.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame using a camping camer, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the closure of screen pictures taken by the suspect;

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

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 sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense 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 pursuant

The defendant's age, occupation, risk of recidivism, and crime is exempted from the disclosure order of personal information.

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