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(영문) 수원지방법원 성남지원 2018.08.10 2018고정652
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a second degree disabled person with intellectual disability.

On March 27, 2018, at around 18:56, the Defendant: (a) taken the frode of the victim D (a name, leisure, 16 years old) in front of the Defendant’s cell phone, using the Defendant’s cell phone 7 camera functions; and (b) taken the frode and the frode of the Defendant’s cell phone from February 5, 2018 to February 19:04, as shown in the list of crimes in the separate sheet of crimes, the Defendant took the 7 mar and the bridge in the frode of the car in Seoul E Station, etc., which is short of the Defendant’s cell phone 7 mar and the bridge.

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. Statement made by the police against D;

1. Seizure records;

1. 112 A list of reported cases;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Criminal Crimes and the selection of fines;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes under Article 334(1) is the confession and reflect of each of the crimes of this case, the mental disease of the defendant seems to have affected the conclusion of each of the crimes of this case, and the defendant's conviction on each of the crimes of this case, which are a sex offense subject to registration to be registered, becomes final and conclusive, by taking into account the fact that the defendant has no record of the criminal disposition of this case, by partially reducing the amount of fine prescribed in the summary order, and by taking into account the fact that the defendant is the primary offender who has no record of the

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