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Reasons
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(영문) 의정부지방법원 2017.05.19 2017고단25
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 30, 2016, the Defendant was able to take photographs of the body of the victim, who was a woman living together with the victim E (the age of 45) who was the old female living together (the age of 45), and was locked by using the mobile phone camera of the Defendant around 09:00 on the following day.

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

2. On August 14, 2016, the Defendant sent the victim’s body pictures to G by using the Defendant’s cell phone Fackic cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cry

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. F course photographs of the victim sent Gthetheme and victim bridge photographs;

1. Application of the police seizure protocol statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 for a crime in the judgment that is subject to the registration of personal information in accordance with Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage to the defendant due to the disclosure order or notification order, and the expected side effects.

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