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(영문) 춘천지방법원 강릉지원 2016.02.04 2015고단1375
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On October 28, 2015, at around 17:10, the Defendant discovered the victim’s name in front of the convenience store in C apartment complex located in B in the East Sea, and taken photographs against his will, using S5 smartphone cameras owned by the Defendant, such as the victim’s bridge part, which may cause sexual humiliation or sense of shame.

2. On October 28, 2015, at around 17:16, the Defendant discovered victims of the name in distress of the bus stops before the E Public Security Center located in the East Sea, and taken photographs against their will, using S5 Smartphones, which might cause sexual humiliation or shame, when galloning the Defendant’s ownership.

3. On November 3, 2015, the Defendant discovered victims of name in front of G bus stops located in the East Sea F at around 07:36 on November 3, 2015, and taken pictures against the Defendant’s will by using the USB type labedmer attached to S5 Smartphones and the galloned camera, which might cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Seizure records;

1. Responses to the results of digital evidence analysis;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of photographs and screen pictures taken by the person suspected of being exposed to crimes)

1. Selection of each fine under Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the selection of each fine (the punishment against the crime and the absence of criminal records exceeding the same criminal records

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 defendant is convicted of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act.

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