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(영문) 인천지방법원 2017.10.18 2017고단6246
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

On June 27, 2017, at around 19:55, the Defendant: (a) reported the victim C (n, female, and household name) who was fright in front of the third parking lot of the third floor of the building B in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) thereafter, the Defendant saw the victim C; (c) then, the Defendant frighted the string of the string of the victim’s body using the 6 mobile phone camera function; and (d) taken the body of another person, who could cause sexual humiliation or shame by photographing the parts of the victim’s body for about 10 seconds, using the 6 mobile phone camera function of the victim’s cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photograph (to take the visual images of the CCTV in B building);

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) of the Criminal Act to be confiscated;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

Sentencing.

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