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(영문) 인천지방법원 부천지원 2017.11.22 2017고정1015
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 July 13, 2017, at around 06:0, the Defendant taken a photograph of the victim D (the age of 51) who was suffering from the Defendant’s cell phone with the Defendant’s cell phone at the “A” office located in Bupyeong-si, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334(1) of the Criminal Procedure Act recognizes the Defendant’s mistake in sentencing.

There is no record of the same crime.

However, even though the victim clearly expresses his/her intent to refuse, he/she taken several photographs against the victim's will, and the victim dumpededly insulting or sexual humiliation.

The victim did not agree with the victim and the victim is trying to punish the defendant.

There is a statement made by the victim that he/she found the victim after the crime was prosecuted, and that he/she taken the victim again and taken a bath again.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes 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 obligated to submit personal information to the head of the competent police office pursuant to Article

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order may be achieved as a result of the unfavorable side effects and expected side effects of the defendant's entry.

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