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(영문) 인천지방법원 2018.04.25 2017고단7529
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to take a body part, such as a woman's bridge or fat, etc., by visiting the event of "G", the Defendant produced two paper bags (23 cm wide, 25 cm wide, 23 cm wide, 21 cm long) in advance, in order to see the inside to put a mobile phone, install a stringer inside to put and fix a mobile phone, and create two paper bags (23 cm wide, 25 cm wide, 23 cm long, 21 cm long) in the outer space.

On April 8, 2017, around 09:42, the Defendant: (a) put a cell phone in a paper room manufactured at the 10 story of the Hagu-gu Seoul Special Metropolitan City H “G” event site; (b) returned to the event site; (c) reported the female victim who was fluored with verification color fluor; and (d) accessed the victim’s body part of the victim’s body part at approximately 3:40 seconds using the above mobile phone’s camera function; and (b) taken a screen of the victim’s body part of the victim’s body part at around 40 minutes using the victim’s body part in the above mobile phone’s camera function until 12:57 on the same day, such as the list of crimes in attached Form 21.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Each police statement made to I and J;

1. Each statement of K, L, M, and N;

1. Investigation report (the fact of damage and attachment of photographs of damage), victim-related photographs;

1. A photograph of a dynamic image closure;

1. Application of each police seizure protocol, and each seizure list statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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