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(영문) 인천지방법원 2014.11.27 2014고단6231
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 5, 2013, at around 11:00, the Defendant, within the Seo-gu, Seo-gu, Incheon Metropolitan City C office, taken a gallon of the victim D (e.g., 31 years old) who was working in his/her gallon judo by using the gallon photographing function of his/her own smartphone 2 smartphone camera.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. At around 11:00 on July 20, 2013, the Defendant, within the above C office, taken the dynamics of the said victim D using the dynamics shooting function of the said smartphone camera. The Defendant taken the bucks and bucks of the said victim D.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

3. On May 12, 2014, at around 14:05, the Defendant discovered the victim G (sex changeer, 20 years of age) who was waiting for treatment in the waiting room at the second floor of the F Hospital located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and taken a bridge and buckbucks of the victim who was fucked by using the video recording function of the aforesaid smartphone camera.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to G and D;

1. Each entry in the records of seizure and the list of seizure;

1. Each description of each damaged photograph, and the application of image 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 each alternative fine for punishment (the details of the punishment are not good, but the defendant reflects his/her mistake, agree with some victims, the victims do not want the punishment, and the first offender, etc.);

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. Detention at a workhouse;

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