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(영문) 서울남부지방법원 2019.08.30 2019고단3182
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On February 28, 2019, around 01:30 on February 28, 2019, the Defendant taken the body of the victim against his will, while having sexual intercourse with the victim D (the life of 26 years old) of the Defendant, who was exposed to her body in Guro-gu Seoul Metropolitan Government, and taken the body of the victim who could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Records of seizure, list of seizure and report on each investigation;

1. Application of Acts and subordinate statutes concerning each photograph and each request for appraisal;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program ( difficult to secure effectiveness of order to complete program considering the nationality and language ability of the accused);

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act (Article 334(1) of the Act on the Aggravated Punishment, etc. of Sexual Crimes (Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) (Article 42(1) of the Act on the Aggravated Punishment, etc. of Sexual Crimes shall not be separately confiscated since the defendant is a person subject to the registration and submission of personal information, and the defendant is obligated to submit personal information to the head of a related agency in accordance with Article 43 of the Act on the Aggravated Punishment, etc. of Sexual Crimes since he/she stated that his/her cell phone under subparagraph 1 would be produced after the crime was committed (Article 103, 266 of the Investigation Record).

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