logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2017.05.18 2017고단198
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On December 15, 2016, at around 10:41, the Defendant taken a photograph of the victim’s patha by pushing the cell phone with the inner function toward the lower part of the victim’s Kamera from the “D Beauty Service” room operated by the victim C (Y, 34 years old) in Pyeongtaek-si B.

2. On January 6, 2017, the Defendant taken photographs of the body fat of the victim in the same manner at the same time and at the same place.

Accordingly, the defendant taken the body of the victimized women against their will who could cause sexual humiliation or shame by using a camera more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on 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. When a conviction on a sex crime subject to registration and submission of personal information is confirmed, 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 obliged to submit personal information to relevant agencies pursuant to Article 43 of the same Act, on the ground that he/she repeatedly committed a crime against the victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the victim feel a considerable fear and sense of shame due to such crime, there is no criminal record of the same kind, and there is no criminal record, and a conviction on a sex crime subject to registration is confirmed.

The age, occupation, risk of repeating a crime, motive, method and seriousness of the crime of this case, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order of personal information.

arrow