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(영문) 청주지방법원 제천지원 2016.12.22 2016고단426
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

The defendant and the victim C (the age of 58) were living together with the police officer from the beginning of 2013 to August 2016.

1. From the end of April 2016 to the beginning of May 23, 2016, the Defendant taken a photograph of the victim who was divingd against the victim’s will without putting his/her clothes, using a cell phone camera, from around 23:00 to from the beginning of May 2016.

2. On September 24, 2016, around 21:45, the Defendant: (a) opened a gate to the victim’s house located in Seocheon-si; (b) opened the gate; (c) opened the gate to the victim’s house; (d) intrudes the victim’s residence; and (e) opened the gate to the gate; and (e) opened the gate to the victim’s house; and (e) opened the gate to the gate while opening the gate, but the victim sounded the gate while opening the gate to the gate; and (e) destroyed the victim’s property by destroying one door glass of the entrance of KRW 240,00 in total of the market price and one door to the gate door to the gate to the gate to the gate to the gate not opening the gate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Receipts:

1. Application of Acts and subordinate statutes on photographs and photographs;

1. Relevant provisions of the Act on the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act, and the selection of fines for negligence;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with punishment determined for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the largest punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and other records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

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