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(영문) 서울중앙지방법원 2017.02.17 2016고단8247
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

On June 3, 2016, at around 05:00, the Defendant taken photographs using the gallon function of S6 smartphones in the Defendant’s house located in Gangnam-gu Seoul, Seoul, 203, in which the victim D (the age of 18) was put in the Defendant’s sexual flag.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Seizure records;

1. Application of the statutes governing the photograph of a victim restored from his/her mobile phone;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing with regard to the order of provisional payment shall be determined by comprehensively taking into account the following specific circumstances, methods and attitudes of the crime of this case, the relationship between the defendant and the victim, the age of the defendant, sexual conduct, family environment, and circumstances before and after the crime.

It shows the attitude to see and reflect on the crime.

The agreement was reached with the victim.

A person who has been sentenced to a fine has been sentenced to a fine and has not been sentenced to the same criminal records or severe.

The content of a kind of sexual act is not easy to be taken.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission 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, and is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order and notification order.

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