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(영문) 광주지방법원 2016.08.08 2016고단1827

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a driver of Young-jin taxi B.

around 03:00 on 29. 201. 29. 03:0, the Defendant, along with the victim E (name, leisure, 26 years of age) boarding a taxi as a taxi customer, had a sexual intercourse in the telecom.

Since then, the victim had discussed under the influence of alcohol in the Moel room, and had panty clothes without retail and panty spanty spanty spans, and the defendant taken the victim's image by operating the Handphone function, and then transmitted it to the Handphone of F, a times after driving the same cab.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will, and provided these pictures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police of the victim;

1. Photographs (victim form, earth and sand), and report on the results of analysis of digital evidence;

1. Records of police seizure (voluntary submission) and lists of seizure, and the application of statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 48 (1) 1 of the Criminal Act;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Juveniles against Sexual Abuse is against the defendant’s wrong recognition of the defendant’s fault, and the defendant’s age, family environment and social relationship, history, content and motive of the crime, method and consequence of the