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Reasons
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(영문) 인천지방법원 2018.08.29 2018고단4453
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 2018, the Defendant: (a) installed in the mutual influence room in Gangnam-gu Seoul in Gangnam-gu, in his/her mutual influorite-type camera, and took a dynamic image of a woman whose name is unknown and whose name is not known.

2. On May 16, 2018, at around 14:00, the Defendant, at the D coffee shop in Seo-gu Incheon, set up the above finger-type camera, and taken a screen image of the victim E (the age of 16) who viewed this uride.

3. On May 16, 2018, at around 16:30, the Defendant, at the same coffee shop, set up a knife-type knife-type knife-type knife-type knife-type knife-type knife-type knife-type knife-type kn

Accordingly, the defendant taken three times against his will another person's body, which could cause a sense of sexual shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes concerning CDs for storage of fingers file;

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

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 against Sexual Crimes, and the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no past history of punishment for the defendant.

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