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(영문) 인천지방법원 2014.02.05 2013고단7472
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 17, 2013, at around 09:12, the Defendant, at around 09:12, had a cell phone image displayed under the center of the victim, while driving away from the door-to-door stairs of 10, the 235-dong, Nam-gu, Incheon, a main base point of the jun-dong, the name-to-face 235, a spacker, thereby driving the cell phone image shooting function.

2. At around 09:15 on the same day, the Defendant sought a cell phone screen image recording function while driving away a female victim's rear a test color, and took a dynamic image by inserting it below the victim's boom.

3. At around 09:22 on the same day, the Defendant sought a cell phone image photographing function while driving away a female victim’s behind a white scam in the above place, and took a screen image by inserting it under the victim’s scam.

4. At around 09:40 on the same day, the Defendant, while driving away from the victim B (V, 29 years old) behind the same place, sought a cell phone image recording function, and taken a screen image by putting it under the center of the victim’s right.

Accordingly, the defendant taken four times against his will the body of another person who could cause sexual humiliation or shame by using a mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing physical photographs of victims, such as records of seizure, list of seizure, photographs of seized articles, body photographs of the victims B taken by the suspect, and names and seals of the suspects taken by each suspect;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Articles 70 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) of the Criminal Act of confiscation;

1. The order of provisional payment;

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