logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.04.24 2017고단3847
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On July 31, 2017, the Defendant attempted to take a sexually related place with the victim C (the age 22) who had a sexual intercourse by setting up a camera 7 smartphone in the said room after operating the video photographing function in the mutual influorial telephone 03:00 on July 31, 2017. However, even though the aforementioned smartphone was intended to take a sexually related place, the Defendant did not take a sexually related seat with the victim C (the age 22) so that it could cause a sense of sexual humiliation or sexual humiliation, due to the lack of sexual intercourse heading over the issue of each smartphone.

2. On August 15, 2017, the Defendant, at around 23:00, taken the body of the victim, who could cause sexual humiliation or sense of sexual humiliation, by photographing a sexual dynamic image of the victim C (the 22 years old), who had a camera function, using a cellphone 7 smartphone, at the EM room, taken the body of the victim, who could cause sexual humiliation or sense of sexual humiliation, by taking a dynamic image of the victim’s sexual intercourse with the victim C (the 22 years old), who had a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement by the police against C (the defense counsel asserts that the crime No. 2 in the ruling is the confession of the defendant, but there is no evidence of reinforcement, but C used to identify and reproduce directly the video images related to the crime No. 2 in the ruling on the day of shooting.

(7 pages of investigation records) The above assertion is rejected as evidence to reinforce confessions as to crimes No. 2 of the judgment.

1. An investigation report (a report to confirm the perusal of sex-related video images of a suspect A);

1. Application of Acts and subordinate statutes to the list of seizure and the protocol of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed to take such images), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed to take such images), 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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

arrow