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(영문) 대구지방법원 2017.03.21 2016고단5400
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant added a hole in advance to the shopping bags fixed by the field of soft case and metal powder weight, and added Samsung Ggalle 4 mobile phones into the shopping bags, applied the hole to the portable telephone camera and its hole, and had women who passed the path by suffering a short thalle and thalle, applied to the hole, and had women take the bottom of the body of his body.

On June 30, 2016, around 18:39, the Defendant discovered non-merchants (influencies, ageless) who suffered a shorter mar in front of the bus stops located in Seo-gu, Seo-gu, U.S., Seo-gu, Busan, and took a video recording of the victim’s body body part by the aforementioned method, including taking a video recording of the victim’s body part from March 18, 2016 to June 30, 2016, in total of 147 times, as described in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame on 147 occasions through the use of a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness's written statement and a written confirmation of investigation process in preparation of E;

1. Application of the relevant statutes to the records of each seizure and list of seizure, articles of seizure, and photographs;

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is subject to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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