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(영문) 광주지방법원 2016.04.20 2015고단4989

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

At around 10:00 on December 2, 2015, the Defendant, in a toilet in the office of “D” (Ttainz media producer) where the Defendant is working in Seo-gu, Gwangju,-gu, in which the Defendant started up one USB-type camera in the area adjacent to the base of the seat, and up to 15:00 on the same day, he taken pictures of Ma (e.g., 31 years of age), F (n, 27 years of age), G (n, 26 years of age), and H (n, 26 years of age), out of the panty and panty, and considered the pent, respectively.

Accordingly, the Defendant taken four physical devices, such as the above E, which could cause sexual humiliation or shame, using a camera or other similar function, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of victims;

1. Application of the Acts and subordinate statutes to seizure records (voluntary submission), photographs of seized articles, and outputs of each video recording;

1. Article 14 (1) of the Act on 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 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s wrong recognition of his/her misconduct) (the Defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime; the degree and anticipated side effects of the Defendant’s disadvantage due to disclosure orders or notification orders; prevention and effectiveness of sexual crimes subject to registration; protection of the victim.