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(영문) 의정부지방법원 2017.04.21 2016고단4857
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 20, 2016, around 08:3, the Defendant, at the direction of “F” building in Seoul, took a short fluor, and taken a fluoric image of the victim’s 43 seconds using a short fluor and a short fluor, the part of the victim’s name influor who is going up with the above eluor’s name (influor), and the part of the victim’s fluor who was installed in advance in the Defendant’s portable phone.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

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. 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) 1 of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive for a crime in the judgment that is subject to the registration of personal information in accordance with Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc.

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