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(영문) 대전지방법원 2019.11.22 2019고단3057
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who was a victim B (a family name, a female, 19 years of age) and a person who was a related person.

1. On March 2016, the Defendant, at the residence of the Defendant in the building C, taken photographs of the victim’s telegraphic body from the toilet to the bamera function of the cell phone, using the victim’s cell phone function.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. On March 2016, the Defendant, at the residence of the Defendant as indicated in the foregoing Paragraph (1) above, taken the victim’s pande photographs using the cell phone camera function, and the victim’s telegraph, chest, and tock, who was in pande, after completing sexual intercourse, taken the victim’s pande, with her pande photographs.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. Report on investigation (Attachment to the contents of conversation submitted by the injured party), application of the Acts and subordinate statutes concerning the contents of conversation;

1. Article 14(1) of the relevant Act on Criminal Crimes and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (Amended by Act No. 15977, Dec. 18, 2018)

1. Selection of each alternative fine for punishment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant taken the body of the victim after sunset without the consent of the victim who was the person.

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