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(영문) 울산지방법원 2014.01.23 2013고단3598

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 17:50 on September 7, 2013, the Defendant discovered the victim D (e.g., age 34) who was waiting for urban buses by suffering a short red fluoring horse at the bus stops located adjacent to Ulsan-gu C apartment, Ulsan-gu, Seoul-gu, and found the victim D (e.g., age 34) who was waiting for urban buses, used the camera installed in a mobile phone in order to photograph the fluor of the female, used the camera in a mobile phone to take the fluor of the female, without the photographing sound, so that the victim cannot see it, and then taken the part of the female panty and buckbucks.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Five copies of a photograph (the closure of a video recorded by a victim with his/her spawn);

1. Application of four Acts and subordinate statutes to the police records, list of seizure, and photographs;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. Personal information on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, which leads to a risk of a fine selective re-offending of a considerable amount of fine, taking into account the following: (a) the criminal defendant is the first offender and is still young as 19 years of age; and (b) the parent is receiving counseling treatment to prevent recurrence after the instant case; and (c) the order to attend sexual assault treatment courses is subject to the prior order to attend a lecture (it is not determined that the order to attend a lecture is wholly exempted even if considering the fact that it is already receiving counseling treatment).

1. Duty to submit a report (where a conviction is finalized on a crime committed on the market);