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(영문) 서울중앙지방법원 2016.11.30 2016고단6816
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 September 14, 2016, at around 10:46, the Defendant taken a video picture with approximately 3 minutes 35 seconds in front of the victim, using the mobile phone camera function of the mobile phone device, which was in possession of Escoper, moving from the subway 7 to 3 lines in Seoul, on September 14, 2016.

Accordingly, the defendant taken the body of another person, who may cause sexual humiliation or shame, using a mobile phone with the camera function, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a photograph of a dynamic image taken by the suspect after sunset;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

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

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

1. In addition to the specific circumstances that are considered below the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the sentencing conditions as ordered shall be determined by comprehensively taking into account the methods and patterns of the instant crime, the level and degree of photographing materials, the age, character and conduct, home environment of the Defendant, and circumstances before and after the instant crime.

The defendant has been punished for a fine for the same kind of crime for about four years.

Provided, That there are no other criminal records.

From the beginning, the crime has been properly recognized and reflected.

In this case, it is true that women's fluor and others such as women's fluor, requested supervision for the prevention of recidivism, and that they will not repeat the crime.

In addition, it is working with mental and medical treatment to prevent recidivism.

It was discovered at the site and seized immediately by the screen.

registration of personal information and.

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