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(영문) 수원지방법원 2017.09.14 2017고단4056

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

1. On April 13, 2017, the Defendant: (a) at the bus stops located in Suwon-si C, No. 6 located in Suwon-si, Suwon-si, Suwon-si; (b) followed an unfluened victim who was placed in a bus with a short color, and was installed using a mobile phone with a camera function in advance using a mobile phone with a camera, and did not pay a sound; and (c) taken a fluen video with the victim’s accom.

2. On April 14, 2017, the Defendant: (a) at the bus stops in front of F Women’s High School located in Suwon-si, Suwon-si, Suwon-si, the Defendant followed a non-victim who takes board a bus by suffering from the balcin satus satus satis; and (b) taken a visual image of the victim by the aforementioned methods.

3. On April 14, 2017, at around 07:56, the Defendant: (a) followed the victim of a fire, who was fluent in front stairs, who was fluencing in the instant D line; and (b) taken a visual image of the victim by the aforementioned method.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to photographs of seizures and screen pictures of suspension of crimes);

1. Article 14 (1) of the Act on Special Cases concerning 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is not good in light of the method of the instant crime and the background behind photographing, and the Defendant has the record of having been sentenced to the suspension of indictment for the same crime in 2013.