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(영문) 광주지방법원 2017.01.25 2016고단4775

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

1. Around June 2016, the Defendant discovered the victim’s name in Gwangju Mine-gu, the lower court found the victim’s name influences, i.e., having come to the stairs by suffering a short flash on June 2016, and accessed the victim’s back, putting the cell phone camera into the center of the victim’s body, and taken the clothes and bucks of the said victim’s body.

Accordingly, the defendant taken the body of the above victim who could cause a sense of sexual shame against his will.

2. Around July 2016, the Defendant: (a) discovered the victim’s name influence, who was fluenced by suffering a short fluorma and brush, and was exposed to the victim’s macker’s macker’s macker and macker’s macker in mobile phone camera; and (b) taken the back macker’s macker and macker’s macker’s macker.

Accordingly, the defendant taken the body of the above victim who could cause a sense of sexual shame against his will.

3. On August 7, 2016, the Defendant discovered the victim F (V, 39 years old) from the E-T-1 floor located in Gwangju Mine-gu, Gwangju, about 18:00 on August 7, 2016, and discovered a short half-to-land and blicked the victim’s bridge back to the mobile phone camera by approaching the said victim.

Accordingly, the defendant taken the body of the above victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the police in relation to G (tentative name), and a statement made by the police in relation to H;

1. Investigation report (referring to the circumstances why the victim has become specific) and the application of each photographic statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

1. Confiscation Article 48(1)1 of the Criminal Act No. 1.