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(영문) 인천지방법원 2018.08.22 2017고단7681
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On June 22, 2017, at around 19:16, the Defendant arbitrarily recorded video images using smartphones with a camera function marked in a female toilet located on the third floor of the Gyeyang-gu Incheon building E, Gyeyang-gu, Incheon, to view the use of the victim F (n, 24 years old).

2. On June 22, 2017, at around 19:21, the Defendant, at his/her own discretion, taken a screen image image of a smartphone with an inner function of the camera function in the same manner as in the foregoing paragraph 1 at the same place.

Accordingly, the defendant taken two times in total the body of victims who could cause sexual humiliation using smartphones against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of the F;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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. There are special circumstances in which it is prohibited to place an employment restriction by taking into account the following: the proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles exempted from the employment restriction order (the defendant's age is relatively old, social ties are clear, and the primary offender is, etc.;

[Judgment]

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

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, type of crime of this case, motive, process, result and seriousness of the crime of this case, exempted from the disclosure order or notification order.

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