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(영문) 수원지방법원 2016.10.27 2016고단4836

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 18:31 on June 28, 2016, the Defendant taken a video image of the victim's sallon, using S5 smartphone camera function in Samsung Gallon, where it is impossible to identify the name suffered from a white salvin, at e.g., subway No. 9 subway C Station No. 5 in Gangnam-gu Seoul, Seoul, the Defendant taken a video image of the victim's salvin salvin, using the 5 smartphone camera function, and at around 18:37 on the same day, the Defendant taken a video image of the victim's salvin in the exit of the 6th century, namely, a female victim, whose name was unknown of the salpinus salpinus in the same manner.

Accordingly, 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. Related photographs;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of this case lies in the case where the defendant taken a fright, followed by a woman who suffered a short fright, and the nature of the crime is not good in light of the method of the crime and the appearance of taking pictures. The defendant again committed the crime of this case, even though he had the record of being suspended from indictment due to the same crime with the same content, under the circumstances unfavorable to the defendant, and the defendant again committed the crime of this case, and is said not to repeat again. The defendant has no criminal record except the suspension of indictment as above, and the defendant is the most likely to support the wife by the defendant.