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(영문) 인천지방법원 2018.11.07 2018고단6167
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

On April 19, 2018, the Defendant, within the Incheon Gyeyang-gu building, 19:00, taken a part of the victim’s buckbuck paper against the victim’s will against the victim’s name in which the Defendant scam scam scam scams, using the camera installed in the mobile phone, and tried to take or photograph the part of the victim’s scam scam scam scam scams from around that time to May 2018 by the same method as in the list of crimes in attached Form 17 times from around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (suspect's response to the results of analysis of smartphone digital sirens by the suspect);

1. The results of the CD reproduction;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (the occupation of photographing and the selection of fines), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted photographing and the selection of fines);

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. 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. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of the crime, the degree of disadvantage that the defendant suffers due to the disclosure order or notification order, and the subject of registration that can be achieved due to such order.

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