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(영문) 수원지방법원 2016.02.04 2015고단5221

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

On September 12, 2015, the Defendant, at C convenience stores located in Kamera City B on Sep. 12, 2015, taken a screen image of the parts of the body in the front of the calculation by inserting the 5th cell phone of Samsung Galle, which is equipped with the Kamera function, into the bottom of women’s lower part, with a color color boom, in which the body part of the body part of the non-victimd women’s body part of the body part of the non-victimd women’s body was recorded in the attached list of crimes. From around that time to 15:32 on the same day, the Defendant taken a screen of the parts of the body part of the non-specific women’s name and body part, etc. over 32 times in total from that day.

Accordingly, the defendant taken the body parts of the victims who could cause sexual humiliation and shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Investigation reports (digital sirens replys) and reports on the results of analysis of digital evidence;

1. Application of the Act and subordinate statutes to a investigative report (to attach suspect cell phone images and CDs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be taken into account; however, considering all the circumstances, including the fact that the defendant is against the defendant, and the defendant is the first offender. Where the conviction of the defendant against each crime stated in the decision to register and submit personal information is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43

An order of disclosure or exemption from notification.