logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.03 2019고단287
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Criminal facts

On September 2, 2018, from 00:0 to 06:00, the Defendant taken the body of the victim, who might cause sexual humiliation or shame, by taking eight photographs of the victim D (the age of 26) who was under the influence of alcohol by using the cell phone (certificate No. 1), the cellular phone (certificate No. 1), and the cellular phone function, and taking eight photographs of the victim D (the age of 26).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs and E dialogue;

1. Application of Acts and subordinate statutes of one gallon (No. 9, B) with seized smartphones;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018); the selection of fines on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is not good in light of the background and content of the instant crime and the method by which the instant crime was committed; (b) the victim seems to have been suffering from considerable damage by the instant crime; (c) the Defendant was unable to receive a letter from the victim; (d) the Defendant was sentenced to imprisonment with prison labor for six months as of June 4, 2018 and was sentenced to one year of suspended sentence on June 12, 2018; and (e) the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive on June 12, 2018;

However, considering the fact that the defendant acknowledges and reflects his mistake, the crime is committed in a series of photographs for the same victim, the defendant has no criminal record for the same kind of crime, and the defendant has no criminal record for the same kind of crime, the defendant's age, character and conduct and environment, and all of the sentencing conditions specified in the records and arguments of this case

.personal information;

arrow