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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2850
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

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, at around 22:53 on August 7, 2017, the Defendant: (a) taken four times in total from around 22:53, the victim’s name-free women on the part of Seongbuk-gu, Sungnam-gu, Sungnam-si, and (b) taken the victim’s bucks and bucks on the part of the victim using smartphones with the inside part of the victim’s string function, following the victim, using smartphones with the inside part of the Kamera function; and (c) taken four times in total from around 2017 to September 18, 2017 in the same manner as the list of crimes.

Accordingly, the defendant taken the body of the victims who may cause a sense of shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

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. 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 fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act exceeds four times is unfavorable to the defendant.

However, considering the fact that the defendant was the first offender who has no record of punishment due to the early birth of society, the confessions and reflects on each of the crimes of this case, the victims cannot be identified, and other circumstances under Article 51 of the Criminal Act, the punishment shall be determined as ordered by the court.

Criminal facts in the judgment that are sex offenses subject to registration and submission of personal information.

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