logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.01.12 2016고단1522
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On February 9, 2016, at around 22:50, the Defendant taken the form of male, including the victim D (23 tax) who completed a bath using his mobile phone camera in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, using his cell phone camera, and is in the state of body.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera 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 D;

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

1. Application of Acts and subordinate statutes to an investigation report, alien registration certificate, photograph, investigation report (victim's statement), photograph ( smartphone image data), investigation report (suspect's investigation, seizure, and investigation of seized articles);

1. Relevant provisions of the relevant Act on criminal facts and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the selection of fines (including the fact that a defendant acknowledges and reflects a criminal offense, the primary offender who has no other criminal record, and the video recorded are all seized and distributed differently);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, such as registering and submitting personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant becomes 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

However, the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the disadvantage that the defendant would suffer due to the defendant's age, occupation, risk of repeating the crime, and the victim protection.

arrow