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Reasons
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(영문) 제주지방법원 2017.04.28 2016고단2985
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On February 2013, the Defendant had a sexual intercourse with the victim by having the victim take a place of sexual intercourse with D(the age of 30) with female job offers at a Buddhist hotel located in Busan in Busan, and having the victim take a cell phone of the Defendant in front of the victim's mobile phone to put the cell phone on the cremation room, and had the victim take a sexual intercourse with the victim by using the recording function.

2. On January 2014, the Defendant, at F hotel located in Busan, Busan, Daegu, had a female-friendly victim G (at 33 years old), taken a sexual intercourse with the victim G (at her age), sent the Defendant’s mobile phone in the cremation room, and had the victim take a sexual intercourse with the victim by using a camera image recording function.

3. On January 2015, the Defendant, at a mutual influorial hotel located at the time of Sinhnpo-si, tried to take a place of sexual intercourse with the victim’s sexually influorous H (age and insane) with the victim’s sexual intercourse, had the victim’s cell phone left the cremation room, had the victim’s cell phone fluor, and had the victim take a sexual relation with the victim by using the function of the camera images.

4. On September 3, 2016, at around 00:10 on September 3, 2016, the Defendant, within 1020 G hotel No. 1020, in Jeju, had the Defendant take a sexual intercourse with the peter Victim K (W, 32 years old), had the Defendant’s cell phone in front of the victim, put the Defendant’s cell phone on the cremation room, put the Defendant’s cell phone on the bed, put it on the bed, and recorded the Defendant’s sexual intercourse with the victim.

Accordingly, the defendant taken four times in total against his will another person's body, which could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or K;

1. Protocol and list of seizure;

1. Application of the Acts and subordinate statutes on photographs;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes.

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