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(영문) 인천지방법원 2017.11.17 2017고정1206

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant has affixed a photograph of the victim who has been off his clothes by entering approximately 2 months of rights and duties C (n, 43 years of age) and her joints with his/her photo.

The victim was frightened to the victim.

On March 1, 2016, at around 01:08, the Defendant took two-time photographs using mobile phone camera functions in the Ecomhere 202, the victim was off, her clothes, and her covered, by taking advantage of cellular phone camera functions.

The Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made by the witness C at the court for 1 and C;

1. Photographss stored in the Handphones, F course photographs, text photographs of the victim Handphones, and seized articles photographs (the defendant and defense counsel have taken pictures with consent of the victim);

However, according to the above evidence, the defendant, at that time, sent a picture to the victim's request and knew that the victim's photograph was taken during that process, and if there are circumstances, it is difficult to understand that the victim consented to the victim's photographing of clothes and taking a part in the bed, and that the above argument is not accepted.

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof;

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

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

5. Article 48 (1) of the Criminal Act to confiscate;

6. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be exempted from disclosure orders and notification orders.