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(영문) 광주지방법원 순천지원 2017.09.15 2017고단1285
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From February 2016, the Defendant is a person working as a social service personnel in the Culture and Tourism Department of B Gun Office from around February 2016 and is not aware of the victims.

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, the Defendant, at around 11:00 on July 20, 2016, taken the body of the victims against their will, as shown in the attached Table 20 minutes, who might cause sexual humiliation or sense of shame by using smartphone cameras during a total period of 20 times until April 21, 2017, in order to transport and appraise themselves to be displayed in a building museum for the establishment of B, as the employees of the Gun Office of B, and Chinese appraiser and victim's name were frightened, and fright to fright to fright the fright of the female.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning photographs and caps;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. The main sentence of 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 was committed several times over a long period of time due to the sentencing of Article 334(1) of the Criminal Procedure Act, the victims have not been agreed, the photographs taken on the other hand did not focus on the degree of causing sexual humiliation, and the Defendant’s age.

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