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(영문) 인천지방법원 2017.10.16 2017고정2027
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

The victim B(19 years of age, women) is not known to each other.

On July 7, 2017, at around 23:10, the defendant taken photographs of the victim's bridge parts, etc. using the camera of the cell phone in his own after the victim's smoking room in the south-gu Incheon Metropolitan City.

Accordingly, the defendant taken the body of the victim who caused sexual humiliation or shame against his will.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

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

1. Application of the Acts and subordinate statutes to photographs taken by the victim;

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 the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, 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 the head of the competent police office pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of recidivism, details and details of the offense, method and seriousness of the offense, seriousness of the crime, crime record, disclosure order or notification order, the degree and expected side effects of the disadvantage the Defendant may suffer, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of the protection of the victim, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and juvenile juveniles.

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