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Reasons
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(영문) 인천지방법원 2018.02.22 2017고단8858
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 11, 2017, at around 17:20, the Defendant started Japan and the International Airport, and taken four times against the will of the victim FF (age 27) who was sitting in the seat of 11C with the 11D seat in the D Part D aircraft arriving in the Incheon International Airport at around 19:35 on the same day, and taken four times from April 1, 2017 to October 11, 2017, 122 victims’ s bucks and bucks, as indicated in the attached list of crimes, from around April 1, 2017 to around October 1, 2017.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mobile phone camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A seizure list;

1. Application of the Acts and subordinate statutes to photographs stored in the victim's mobile phone;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is considerably more than 100 times, and the period of the crime is not shorter than 100 times, and the crime in this case appears to have been inflicted mental pain on many victims due to the crime in this case, and the victim F still sought punishment against the defendant, etc.

However, the fact that the defendant is a primary offender, the fact that his mistake is pened in depth, the fact that the photographic photographs are not disseminated, and the social ties such as family are clear.

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