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(영문) 인천지방법원 2018.04.05 2017고단9388
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 10, 2017, at around 02:46, the Defendant: (a) entered the victim D (e.g., 46 years of age) in a male and female public toilet of the second floor of the Yeonsu-gu Incheon Metropolitan City C building; (b) entered the balle according to the following partitions; and (c) taken the balle by looking at the above side partitions; and (d) taken the balle by the Defendant, at the galtho of S6 mobile phone (No. 1), using the galtho function of S6 mobile phone (No. 1) and taken the form of the victim who sees the balle.

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. Application of Acts and subordinate statutes on police statements made to D and E;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (with regard to difficulties in implementing orders to complete a program due to lack of communication capacity in Korean language, etc

1. Where a conviction on the crime of sexual assault crime subject to registration becomes final and conclusive, the accused is 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.

If the defendant's nationality, age, visa, possibility of recidivism, content and motive of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, thereby preventing sexual crimes subject to registration or protecting the victim, etc., are considered comprehensively, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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