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Reasons
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(영문) 창원지방법원 통영지원 2015.09.25 2015고단706
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

1. On May 25, 2015, at around 12:53, the Defendant: (a) followed a female victim under his/her name, who walked in a radius of 14-16, a central market in Tong-si; and (b) taken the victim’s bridge by using his/her image recording function of his/her smartphone camera.

2. On June 3, 2015, around 15:06, at the center of Tong-si, the Defendant: (a) followed a female victim under his/her name, who walked by 325 Tong-si 325 Tong-si in front of Dong-si; and (b) taken the part of his/her bridge by using his/her photographic recording function of his/her smartphone camera.

3. On June 3, 2015, at around 16:26, the Defendant: (a) followed the victim C (at the age of 37) who walked a fat in the parking lot of the first floor of the building B in the ophone B; (b) taken the part of the fat bridge of the victim by using his/her fatphone camera’s image shooting function; and (c) taken the fatch of his/her smartphone camera.

Accordingly, the defendant taken three victims' body who could cause sexual humiliation or shame using smartphone cameras against the victims' will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure record and list;

1. Each report on investigation;

1. Application of photographs, digital evidence analysis results, pictures, and CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a selective fine for punishment (the nature of the crime is not minor in light of the background and means of the crime, but the frequency of the crime is not much high, the first offender who has no record of criminal punishment, and the second offender who has no record of criminal punishment, etc.);

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. Registration of personal information in Article 334(1) of the Criminal Procedure Act shall be subject to the provisional payment order;

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