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(영문) 수원지방법원 2017.05.11 2017고단1019
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 January 29, 2017, at around 14:00, the Defendant taken a video image of the victim E (the remaining, family name) and the victims of the name in secret phone using a camera in his/her own mobile phone with a camera located in the Young-gu, Young-gu, Suwon-si C, and 8.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the Acts and subordinate statutes to investigation reports (verification of motion pictures taken by the person under investigation);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the punishment of the crime of this case is to be taken into account, but the defendant reflects the mistake, the defendant has no record of punishment for the same crime, and the defendant does not repeat again while completing the education to prevent sexual assault after this case.

Taking into account the fact that the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the sentencing conditions shown in the records.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 the relevant agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, and this case is exempted from the disclosure order or notification order.

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