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(영문) 인천지방법원 2016.07.07 2016고단2975
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On February 27, 2016, at around 01:05, the Defendant entered the front section of the three sides of the female toilets located on the first floor of the building Nam-gu Incheon Metropolitan City building C, with a clerical error from both sides, and taken the front section of the number of women suffering from a clerical error in the front section of the side, and taken the front section of the LG G G G G3 smartphone, the Defendant-owned women suffering from the side side page of the name unexplosive damage, and taken the front section using the interview app stored in the above smartphone, and taken the front section by four women suffering from the name unexist in the same way at the above location at around the above time.

Accordingly, the defendant taken pictures that cause sexual humiliation against the will of the victims.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a report on 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized as committing a crime and reflects the fact that the defendant is the first offender who has no record of punishment, under favorable circumstances, that the crime of this case was committed by intrusion upon the room of the female president, and the fact that the crime of this case was committed in bad condition, shall be considered disadvantageously, and the punishment of this case shall be determined as ordered by taking into account various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the criminal method, period, frequency of the crime, and the defendant's age, sexual behavior, environment, etc., as shown in the records and arguments of this case.

Criminal facts in the judgment that are sex offenses subject to registration, such as registering and submitting personal information.

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