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(영문) 대전지방법원 2021.01.15 2020고단3935

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On July 2018, the Defendant discovered the victim D (in this case, name, 19 years old) from the stairs of the C University building in Daejeon Seo-gu, Daejeon, and the corridor, and took two-time photographs of the victim’s bridge using the Defendant’s smartphone camera function that followed the victim.

2. On July 2018, the Defendant discovered a victim from a corridor in the above C University building and taken the part of the victim’s bridge once in the same manner as that of the preceding paragraph.

3. Around July 2018, the Defendant discovered a victim suffering from a test fluor in a lecture room of the above C University building building, and taken 11-time photographs of the victim’s chest and the bridge in the same manner as paragraph 1.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to D;

1. Photographs of damage and report on investigation (verification of photographs taken by the victim);

1. Application of the protocol of seizure and the statutes on the list of seizure;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Amended by Act No. 15792, Oct. 16, 2018); and selection of fines, etc.

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant shall pay 4 million won to the victim and agree to pay 4 million won to the victim, but only 500,000 won out of the above agreed amount: Provided, That the defendant's mistake is recognized as the principal offender, and the photograph taken by him.