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(영문) 서울중앙지방법원 2017.12.15 2017고단6992
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On May 17, 2017, at around 10:25, the Defendant taken pictures against the Defendant’s will, using the Defendant’s small liquid camping camp (Leaero CC) located in Gangnam-gu Seoul, of the victim E (V 25 years of age) who was on the top of the bend part of the bend part of the victim E (V 25 years of age) who was on the front stairs, from the stairs going up to 4 times in the same way as the list of crimes in attached Form 34 times from April 11, 2017 to May 17, 2017, using the devices equipped with a function similar to the camera in the same way as the list of crimes in the same form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (on-site investigation and confirmation of a suspect's assault) and a list of offenses attached thereto;

1. Application of the Acts and subordinate statutes to video CDs and photographs;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 (hereinafter “Criminal Procedure Act”) is relatively large to the number of victims, and the number of victims is also small.

However, it seems not to have taken photographs with the intention of distributing them to the Internet, etc., and it is only limited to photographing the parts of the body, such as a bridge exposed out of the tama, etc., the initial offender is the first offender, and it is not possible to repeat the crime by recognizing his mistake and reflecting his depth.

The amount of fine equivalent to the order shall be determined in consideration of the overall conditions of sentencing, such as the defendant's age, sex, family relationship, social relationship, and circumstances after the crime.

The defendant shall be finally and conclusively convicted of each crime on the judgment that is a sex offense subject to the registration of personal information.

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