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Reasons
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(영문) 울산지방법원 2018.01.25 2017고단4017
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 1, 2014, the Defendant taken the body of the victimized female against his/her will who was unaware of his/her name, using the LG G2 smartphone with a short function in the Daegu Non-Sagu subway station.

2. On May 7, 2017, the Defendant taken pictures against the Defendant’s will of the victimized woman’s body that may not know that the Defendant was suffering from a short load using LG G2 smartphones with a short function in a light of light bus around 16:20.

3. On July 15, 2017, at around 13:09, the Defendant kept a short lower part of the LG G2 smartphones with its outer function inside the coffee shop, and taken a photograph of the victimized female’s body against his will, by taking advantage of the short string of smartphones.

4. On January 3, 2016, at around 15:34, the Defendant taken pictures against the Defendant’s will of the victimized female who may not know that the name was short by using LG G2 smartphones with a short camera function in a non-fluence area.

5. On June 10, 2015, at around 11:07, the Defendant taken a photograph of the body of the victimized female against his will, who was aware of the name of the bus, suffering from a short load of the carmer functions using a short cellphone, at a place with the carmer function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to investigation reports (including reports, replies, and analysis of results of digital evidence literature), investigation reports (Attachment of photographs related to facts constituting an offense) (including photographs);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant taken his body without the consent of the victims.

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