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(영문) 의정부지방법원 2018.02.07 2017고단5110
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

1. On June 12, 2017, at around 12:55 to 13:17, the Defendant taken a video recording of the body parts, such as bucks, which may cause sexual humiliation, against the will of the victim D(22 years of age, in the course of traveling at the buck 26th seat and are going to the 25th seat of the said female, by using a camera, which is located inside his/her cell phone, and which might cause sexual humiliation, such as buckbucks, etc.

2. 피고인은 2016. 겨울부터 2017. 6. 8.까지 별지 범죄 일람표 기재와 같이 경의 중앙선 전철 및 E 대학교 앞 버스 정거장 등에서 짧은 핫팬츠, 짧은 치마를 입고 있는 성명 불상의 20대 여성 6명을 상대로 자신의 휴대폰을 이용하여 성적 수치심을 일으킬 만한 가슴골, 허벅지, 치마 속 등의 신체 부위를 총 10회에 걸쳐 몰래 동영상 촬영하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the special judicial police with regard to D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a photograph of a dynamic image taken by the injured party, a log photograph of a crime, and a photograph of a dynamic image photograph;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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) 1 of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on each of the facts stated in the judgment subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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 thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details of the crime, and exemption from the disclosure order or notification order.

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