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(영문) 수원지방법원 2016.02.18 2015고단5621
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around September 20:13, 2015, the Defendant taken a dynamic image of approximately one minute of the parts of the body in the luxa of the women who suffered from a lux damage, in the name of Samsung G Gallon, which has been in possession, using S3 mobile phones, at around 20:13, the Defendant taken the luxa of the part of the body in the luxa of the women who suffered from the luxa, which was in possession, over five times in total, from around September 24, 2015, as described in the list of crimes in the attached Form.

Accordingly, the defendant taken the body part of the victim who could cause sexual humiliation and shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Report on the results of digital evidence analysis;

1. Application of the Acts and subordinate statutes to photograph the victim's cell phone image by capturing the victim's cell phone image;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a judgment of conviction against a defendant on each of the criminal facts stated in the judgment that he/she shall file for registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance.

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