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(영문) 인천지방법원 2015.08.19 2015고단3662
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On May 28, 2015, at around 09:41, the Defendant taken the clothes, etc. of the victims 159 times in total, from December 4, 2014 to May 28, 2015, 159, such as taking the clothes, etc. of the victim’s name unexploded (a short fladm) taken from the fright of the cellular phone used by the Defendant using the dynamic recording function of the cellular phone.

As a result, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the video photographing function of mobile phone devices against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. In the application of investigation reports (crime sights, screen photographs of screen pictures by sight list, and copies of CDs), and the application of the Acts and subordinate statutes attached thereto;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that is a sexual crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information to a related agency in accordance with

However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disadvantages and anticipated side effects due to disclosure notification order, effectiveness of crime prevention, effect of victim protection, etc.

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