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(영문) 인천지방법원 2016.03.15 2015고단8216
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 11, 2015, at around 17:57, the Defendant: (a) taken a cell phone-based mobile phone-based part, such as Hubuck part, etc., of a woman suffering from a buck in front of the entrance stairs located in the Seoul Gwangjin-gu Seoul Special Metropolitan City, (b) around August 17:46, 2015; (c) around August 28, 2015, the buck part, etc., of a woman suffering from the buck of the entrance stairs located before the entrance stairs located in the above D2; and (d) around August 18:13, 2015, the Defendant taken the buck part, etc., of the subway F1 in the direction of the exit box located in Yongsan-gu, Seoul Special Metropolitan City.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to a investigative report (the closure of the screen image taken by the person under investigation);

1. Relevant legal provisions and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the relevant criminal facts are applicable and the selection of fines (including the fact that the defendant acknowledges and reflects the crime, and that the defendant is the first offender who has no record of punishment);

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334 of the Criminal Procedure Act, 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 of the same Act

However, the defendant's age, occupation, risk of repeating the crime, contents and motive of the crime, method of the crime, seriousness of the crime, and disclosure order or order.

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