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(영문) 수원지방법원 안양지원 2014.12.19 2014고단1597
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant, around 07:40 on July 15, 2014, from around 07:40 to around 7:51, 2014, from around 17:51 on February 5, 2014, the following year, the part of the body part of the victim’s bridge, the name of which cannot be known from the stairs of subway 4 line 750 located in Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, the Defendant taken the bridge part of

7. up to 15. up to 16 times in total, the leg, etc. of unspecified women was taken out against their will.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning photographs extracted from the cell phones confiscated by the suspect;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes, and Selection of Fines (with regard to non-existence of records of the same type of crime, and consideration of records of shooting, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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

1. The amount of a fine shall be determined by taking into account the following circumstances: (a) the period of the crime of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; (b) the number of times of the crime is high; and (c) the fact that the defendant who has registered personal information was not prepared by the victims; and (d) 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

However, the fact that the defendant does not repeat the crime, the benefits and the preventive effects expected by the disclosure order or notification order, and the disadvantages resulting therefrom.

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