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Reasons
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(영문) 대구지방법원 김천지원 2017.01.11 2016고단1342
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

At around 11:43 on July 23, 2016, the Defendant: (a) taken a 101 victim’s bridge and panty clothes over 101 times in the same manner from that time until August 7, 2016, by drilling up a hole into the right signal and inserting a string to the right signal; (b) taken a motion picture by inserting the string to the right signal; and (c) taken the victim’s bridge and panty clothes over 101 times in the same manner as indicated in the list of crimes committed in the attached Table.

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. Statement by the defendant in court;

1. Statement made to the police with H;

1. A protocol of seizure and a list of seizure;

1. Articles of evidence used in crime, photographs of the victim, photographs taken by the victim, and video CDs taken by the victim;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes to investigative reports (the physical photographs of women taken by the person under investigation and accompanying video CDs);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Criminal Crimes and the 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is very poor in light of the content and methods of the crime, the frequency of the crime, etc., taking pictures of the video images at a public place where the defendant has a large number of unspecified persons, which may cause sexual humiliation.

However, additional damage is caused by the fact that the defendant does not repeat again while recognizing and reflecting the crime, and the distribution of video taken by the defendant.

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