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(영문) 인천지방법원 부천지원 2017.09.20 2017고단1468
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On July 4, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the Incheon District Court’s Branch Branch Branch, and the judgment became final and conclusive on October 24 of the same year.

[Criminal facts] On August 2013, the Defendant had sexual intercourse with the victim C (the victim, the 24 years old age) at the Defendant’s house located in the Yacheon-gu, Yacheon-gu, Yacheon-si, Yacheon-si, 201, and recorded the Defendant’s cell phone with the victim’s cell phone and her part against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Part of the police statement protocol against C;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (the confirmation of concurrent crimes after Article 37 of the Criminal Act).

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

However, there was no agreement with the victim.

It shall take into account equity with the case of being tried simultaneously with the crime recorded in the records of the crime in the judgment.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the frequency of crimes, the age, occupation, sex, family relationship, living environment, circumstances leading to the crimes, and circumstances after the crimes.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the competent police office pursuant to Article

The defendant's age, occupation, risk of recidivism, and exemption from disclosure or notification order.

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