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(영문) 수원지방법원 안산지원 2015.05.20 2015고단1011
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

Criminal facts

1. On February 20, 2015, around 17:40, the Defendant: (a) taken a victim H (n, 18 years of age) who runs shopping in the second floor G store of F building in Ansan-gu, Manyang-si, Ma; and (b) taken a photophone with smartphone with the Defendant’s camera function inside the Defendant’s camera function.

2. On February 20, 2015, at around 17:55, the Defendant, at the lower end of the first floor of the building (such as the above 17:55), taken the body fright of the victim in the following manner: (a) the Defendant taken the flash of the victim by the following behind the fluor.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of ct-V photographs Acts and subordinate statutes

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the defendant has been sentenced to a fine for the same kind of crime, and the choice of a fine for each of the crimes in this case even while the appellate trial is underway, the defendant is led to confession and reflect, but the defendant is still in the court of appeal, the defendant has no ability to punish the defendant if he is excluded from the above case in the court

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive on each of the crimes subject to registration and submission of personal information, as stated in Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no previous one shall be disclosed or notified in consideration of the family relationship, the outline, etc.).

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