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(영문) 수원지방법원 2017.02.02 2016고단6394
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 1, 2016, at around 13:40, the Defendant discovered the victim E (n, 20 years of age) who runs shopping in a short set of the D “D” store located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and found the victim E (n, 20 years of age). On the Plastic jun, the Defendant used plastic jun, while operating the screen function of S7 smartphone in a gallone owned by the Defendant, put the gallon above the gallon while carrying out shopping, and then put them into the body part of the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Seized articles and photographs of the scene of crime;

1. Application of Acts and subordinate statutes to investigation reports (integrated with results of digital evidence analysis);

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

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. Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant was subject to a disposition of suspension of indictment for the same kind of crime; and (b) there are unfavorable circumstances, such as the defendant’s failure to agree with the victim; (c) there is no previous conviction except the disposition of suspension of indictment; (d) the defendant has committed a crime once; and (e) the defendant supports his wife and his wife; and (e) other factors such as the defendant’s age, sexual behavior, environment, circumstance of the crime; and (e) circumstances after the crime, etc., the sentence as ordered shall be determined by taking into account the following factors:

Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to registration and submission of personal information, the defendant shall be convicted.

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