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(영문) 의정부지방법원 2016.07.18 2016고단769

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2015, the Defendant became aware of the Victim B (V, 25 years of age, name) through smartphone hosting around 2015.

1. On July 19, 2015, the Defendant, at the mother conference located in Yeongdeungpo-gu Seoul Metropolitan Government around July 19, 2015, operated the camera in the smartphone (LG PRO 2) owned by the Defendant as a video photographer and concealed the body of the body of the body of the body of the Defendant, in order to take the image of the victim’s sexual intercourse with the victim, and taken the screen of the body of the body of the Defendant.

2. On November 29, 2015, the Defendant, at the motherel located in Yeongdeungpo-gu Seoul Metropolitan Government, taken a photograph of the victim’s negative photo using the victim’s Kamera function of smartphone (LG PE 2) owned by the Defendant while showing the victim’s eye and having sexual intercourse with the victim, at around 18:30 on November 29, 2015.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each protocol of seizure, list of seizure, and evidence of seizure;

1. On-site photographs;

1. A photograph of a dynamic image closure;

1. Each report on investigation;

1. Application of CD-related Acts and subordinate 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Code for forfeiture is that the crime of this case is not very good.

However, in consideration of the fact that the defendant has no previous criminal record, the defendant's age, sex, and circumstances after the crime, etc., and all kinds of sentencing conditions disadvantageous to the defendant shall be determined as ordered.