logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.24 2017고단4115
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 18:58 on May 15, 2017, the Defendant: (a) taken the body part of the victim’s body part using the Defendant’s motion picture shooting function in the digital camera, and (b) taken six times in total from April 28, 2017 to the above date, the Defendant taken the body part of the victim’s six body part of the body part in the victim’s six body part in the same manner.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of screen pictures of crime-related video suspension;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Sentencing sentencing under Article 334(1) of the Criminal Procedure Act takes into account the methods and details of the instant crime, the frequency of the crime, and the recording level, etc.; however, considering the following factors: (a) the Defendant reflects the Defendant’s mistake; (b) the Defendant was the primary offender; (c) the Defendant voluntarily made efforts to correct his/her character and conduct while taking educational programs to prevent sexual assault at the counseling center for the examination of sexual assault; and (d) the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the commission of the crime, etc., are comprehensively considered.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is subject to special cases on the punishment, etc. of sexual crimes.

arrow