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Reasons
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(영문) 인천지방법원 부천지원 2015.06.17 2015고단951
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 2, 2015, at around 10:30 on March 10, 2015, the Defendant: (a) taken the victim’s body against his will by inserting the cell phone having the video function above the toilet side in which the victim suffered a sense of sexual shame by putting the victim’s cell phone with the video image into the victim’s body, where the victim’s body might cause a sense of sexual shame by photographing the screen image of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes entered in police seizure records;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the relevant criminal facts;

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the crime of this case is committed at the place where the defendant is under his management, and the fact that the defendant did not reach an agreement with the victim is disadvantageous.

However, there is no record that the defendant has been punished for the same crime, the fact that the defendant led to the confession of the crime of this case and shows his misunderstanding, and the circumstances of Article 51 of the Criminal Act are considered, and the punishment as the order shall be determined.

If a conviction on the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) in a judgment on a sex offense subject to 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

An order for disclosure;

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