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(영문) 수원지방법원 안양지원 2019.07.17 2019고단333

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On May 14, 2018, at around 23:36, the Defendant taken a video image against his/her will a body part of his/her body, such as a mobile phone camera, which might cause a woman’s sexual humiliation, by taking advantage of the recording function of Samsung galp jum 8 (day serial number: D) in his/her own Samsung galp jum jump, and taking the name-free women’s body part on the lower body part of the woman’s cell phone jump, which was exposed to the danger of sexual humiliation, in a manner that would lead to a woman’s sexual humiliation, such as a buckbuck.

2. On May 15, 2018, at around 16:30 on May 15, 2018, the Defendant taken a video image against his/her will, in a manner that: (a) the Defendant, using a mobile phone as described in the preceding paragraph, sprinks in the F Station E in Gyeonggi-si; and (b) in a manner that, using the mobile phone as described in the preceding paragraph, sprinks are going to the lower body part of a woman’s name, he/she taken a mobile phone camera, which could cause a sense of sexual shame of women, such as a buckbucks of women.

After all, the defendant taken the body of the victims who could cause sexual humiliation or shame by using devices similar to the camera, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Report on investigation (investigation of photographs related to criminal conduct) and application of the Acts and subordinate statutes attached thereto;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the selection of fines in relation to the relevant criminal facts;

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 for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 15,000 won.