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(영문) 광주지방법원 2014.06.18 2014고정363

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

The Defendant and the Victim C (Y, 25 years of age) were the branch of the Lee Jin village, from May 201 to May 2013, 201.

1. On May 2013, the Defendant taken the body of the victim, who might cause sexual humiliation or sense of shame, by photographing the body of the victim, who might have caused sexual humiliation or sense of shame in the Eel room located in Gwangju-gu, Seo-gu, Gwangju, using smartphone camera in the Defendant’s galthothro, and taking the body of the victim, who might have caused sexual humiliation or sense of shame.

2. At around June 22, 2013, the Defendant: (a) was off the victim’s panty and panty in which it is difficult to know the trade names in the south of the west and south of the Republic of Korea; and (b) taken the victim’s body against his will by photographing the body of the victim’s body, which might cause sexual humiliation or sense of shame, using the Defendant’s galthrotho camera, by photographing the body of the victim’s telegraph and the part of the victim’s body, using the Defendant’s smartphone camera.

3. On September 1, 2013, between around 11:45 and 11:49, the Defendant sent the Defendant’s house located in Gohap-gun Fudio 402 from around 11:49, to the said G a photograph taken by the victim’s male-child G with a view to hedging with the victim. Around January 2013, the Defendant sent the victim’s motion picture taken by a shower with a brue to the victim.

Accordingly, the defendant distributed the photograph taken of the victim's body that could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to letters, mail notes and photographic materials sent by C);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on the Punishment, etc. of Sexual Crimes, and Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes;

1. The fact that each defendant of the selective fine of punishment reflects the crime of this case, and that the defendant is deemed to have committed the crime of this case in impulse and friendly manner, and that it is seen that the defendant committed the crime of this case.