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(영문) 인천지방법원 2015.11.11 2015고단5145

성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)등

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 19:00 on May 30, 2015, taken the panty panty, etc. on the following following the Victim E (V, 40 years of age) on his/her mobile phone, from the D1st floor located in Pyeongtaek-si C, on May 30, 2015, and taken the panty panty, etc. on May 31, 2015, following the victim F (V, 30 years of age) around 20:40 on May 31, 2015, taken the panty panty, etc. on the order of the victim G (V, 43 years of age) around 20:50 on May 31, 2015, taken the panty panty, etc. on the order of the victim G (V, 43 years of age) around 210:0 on May 31, 2015.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mobile phone camera function against their will.

On August 12, 2015, at around 16:55, the Defendant: (a) reported the victim (32 years of age) to take away goods from the victim’s hamcop on the first floor of the J branch located in Nam-gu Incheon Metropolitan City I; and (b) accessed the victim’s back to the victim; and (c) taken the victim’s panty, etc. using Samsung Ggal jusi S5 smartphone owned by the Defendant.

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

Summary of Evidence

[2015 Highest 5145]

1. Defendant's legal statement;

1. Written statements of K, E, F, G, and H;

1. Articles of victim clothes and photographs of victims' clothes;

1. Records of seizure and the list of seizure [2015 high-ranking 5593];

1. Defendant's legal statement;

1. The police statement of the victim;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

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

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

1. Confiscation Article 48(1) of the Criminal Act