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(영문) 의정부지방법원 2017.11.30 2017고정1606
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 15:50 on January 24, 2017, the Defendant: (a) placed the part of the body part of the victim, such as the part of the body of the victim, over 375 times from around 01 to January 15:42, 2017, in the E-3 toy store in Namyang-si, the victim F (n, 38 years of age). The Defendant kept the part of the victim’s cell phone (n, 7 years of age) on the part of the Defendant’s cell phone; and (b) took the part of the victim’s body part, such as the part of the body part of the victim, in light of the victim’s intent, as stated in the attached list of crimes, at least 375 times in total, as the victim’s cell.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement, a seizure protocol, each investigation report (a case on photographs, etc. taken by the person under investigation, response to results of digital evidence analysis, cases on preparation of a list of crimes, attachment of suspect mobile phones gallon photographs, and photographs specified in the list of crimes);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to disclose or notify registered information may have a serious impact on the defendant, and the defendant has no history related to a sex crime.

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