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(영문) 인천지방법원 2013.07.18 2013고정597
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, using the camera of smartphone 4 smartphones, tried to take the body part of a female female with a knife with a knife with a knife, put the bottom part of the knife with a knife with a knife with a knife with a knife with a mobile phone, and black the subject of the crime.

On November 28, 2012, around 14:52, the Defendant: (a) discovered the appearance of victim FF (36 years of age, female) from the street of the first floor of the E Hospital in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant attempted to operate a camera image function of the mobile phone, which was concealed in the bank and was concealed in the inner part of the bank; (b) accessed the back of the female to the lower part of the female; (c) tried to photograph the ma of the female, but (d) was committed by G, which is the victim’s location and the victim’s location, was removed; and (d) attempted to take the ma of the female by committing the crime.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Results of CCTV image verification;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to seized photographs and CCTV photographs;

1. Article 14 of the relevant Act on Criminal Crimes and Articles 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012);

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

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 a related agency pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, type of crime in this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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