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(영문) 수원지방법원 2019.06.13 2019고단1050
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 20:11 on December 17, 2018, the Defendant: (a) placed Samsung galleno No. 9 mobile phones (No. 1) in the cell phone case owned by the Defendant, which is the victim’s name-free boxes, in front of the subway C. C. C. 8, the subway station located in Suwon-si B, Suwon-si; and (b) taken the part of the victim’s buckbucks, which was located in the cell phone case using the aforementioned mobile phone’s image recording function, by inserting the victim’s galleno No. 9 mobile phone (No. 1).

From around that time to December 24, 2018, the Defendant taken buckbucks and bucks of the victims by the same method eight times in total, as indicated in the list of crimes in the attached Table, among the time from that to December 24, 2018.

As a result, the defendant taken the body of the victims who could cause sexual humiliation or shame on eight occasions in total by using the video function of mobile phones against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Police seizure records;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to a report on investigation (report attaching photographs to a crime sight table);

1. Relevant Article on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 201); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes (the occupation of motion pictures using camera, etc. and the conduct of No. 2 through No. 8 of the

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

1. Where the registration of personal information of Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to submit personal information is finalized;

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