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(영문) 춘천지방법원 2017.09.26 2017고단824
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

The defendant is a workplace worker of the victim C (V, 28 years old).

The Defendant had a mind that the victim would have taken a studio in order to satisfy the sexual self-defense of the victim of ordinary sense.

On July 18, 2017, at around 15:30, the Defendant had prepared in advance for women's gallon partitions, Inc., Inc., Ltd., Inc., the Hongcheon-gun, Hongcheon-gun, for which he had been in motion, performed the video function of Samsung 3 mobile phone gallon, and taken a photograph of the victim who installed in the discontinued gallon where he had been in motion, and viewed gallons

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. On-site photographs;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to data to capture a video recording video;

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes.

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