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(영문) 인천지방법원 부천지원 2016.02.17 2015고단3577
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence shall be suspended for the defendant.

The seized USB Megamera (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 08:00 on September 23, 2015, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, using a camera from the subway No. 1 line E platform located in Guro-gu Seoul Metropolitan Government D, following the victim F (n. 27 years of age) who was waiting for a electric vehicle, by inserting the said camera with the victim’s bridge between the victim and photographing the body of the body of another person, which may cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes and the Selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (one million won in penalty and one million won in prison per day) of the suspended sentence;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act for the crime of this case is that the defendant provided with special photographing equipment and thus, the crime of this case is disadvantageous.

However, considering the circumstances under Article 51 of the Criminal Act, such as the confession of the Defendant to commit the instant crime and the fact that the Defendant has reached an agreement with the victim, the Defendant did not have any criminal record, and the degree of exposure due to the photographing of the instant case, the sentence shall be determined as ordered and the sentence shall be suspended.

When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43

The age, occupation, risk of recidivism, and type, motive, and motive of the crime of this case, of the defendant exempted from disclosure or notification order.

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