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(영문) 인천지방법원 2017.12.20 2017고단7131
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 1, 2017, at around 22:00, the Defendant taken the part of the female victim E, his body, and parts of the Hebbbbbbbs in front of using the cell phone camera function, at the platform platform, Sc. 2 of the Nam-gu Incheon, Incheon, Incheon, Incheon, Incheon, Sc. Sc. 2.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. Photographs of the victim's image, and the victim's photograph taken by the suspect;

1. Application of the Acts and subordinate statutes to the digital evidence produced;

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. 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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account the Defendant’s age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that may be achieved by the disclosure order, disadvantage of the Defendant, etc.

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