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(영문) 대전지방법원 천안지원 2016.09.09 2016고단1293
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 13:58 on June 26, 2016, at the subway station C station located in Mapo-gu Seoul, Seoul, the Defendant taken the front body part of a woman in the name-free fluoral fluor, who was walking around the Defendant’s front by using the Defendant’s smartphone camera function, and then taken the front part of a female influoral fluor, who was standing in front of the Defendant’s name by the foregoing method at around 14:02, and then taken the front part of a female influoral fluoral fluor in front of the Defendant’s name by the foregoing method at around 14:05.

Accordingly, the defendant taken the body of another person who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Specific Crimes is that the crime of this case is not deemed to have taken a specific body part of the victim's body without the victim's consent, the first offender, and the fact that the crime is committed in depth against the person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in a case where the conviction becomes final and conclusive on the crime subject to registration of personal information, and thus, the person subject to registration of personal information under Article 43 of the same Act is obligated to submit personal information to the competent agency.

An order of disclosure or notification shall be given to the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of committing the crime, seriousness of the crime, and disclosure order.

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