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(영문) 창원지방법원 통영지원 2013.11.26 2013고단818

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 15, 2013, around 19:47, the Defendant reported that the victim E (n, 46 years of age) was not aboard the vehicle due to the diverse fest on the roads of the Dives Party E (n.e., women) located in Sinyoung-si, the Defendant attempted to take the body parts of the victim’s body part, which may cause sexual humiliation or shame, using a camera installed in the cell phone that was approaching the victim’s back, and attempted to escape against the victim’s will. The Defendant attempted to take the body parts of the victim’s body part, which may cause sexual humiliation or shame.

2. At around 19:10 on June 25, 2013, the Defendant: (a) reported that the Defendant was waiting in order to calculate the number of victims under the name infinite sus in the form of wave (e.g., age omitted); and (b) taken the body part of the victim’s body part, which may cause sexual humiliation or sense of shame, using a camera attached to the mobile phone that was approaching the victim’s back, and could cause sexual humiliation or shame, against the victim’s will.

3. On June 26, 2013, the Defendant: (a) around 19:33, in G located in Tong Young-si F, reported that the victim of the name infinite sus with red chin (infinite, age omitted) suffering from the finite sus were waiting to calculate; and (b) taken the victim’s body part of the victim’s body part, which may cause sexual humiliation or sense of shame against the victim’s will, using the inner camera of the mobile phone that was approaching the victim’s back.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation by telephone;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Relevant legal provisions concerning criminal facts, Articles 14 and 13 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 14 and 13 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person who attempts to take photographs using a camera, etc.), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person who has no same type of crime record

1. Aggravation for concurrent crimes;