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Reasons
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(영문) 인천지방법원 2015.08.26 2015고단3765
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around April 7, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims C (hereinafter “D”), taken pictures of the body of another person, who might cause sexual humiliation or sense of shame by using the Defendant’s cell phone camera, in a “D” bus near the iron industry base in the vicinity of the iron industry base in Gyeonggi-do, and taken pictures of the victim C (n, 15 years of age) by using the Defendant’s cell phone camera, against his/her will, taking pictures of the victim’s cell phone camera, which might cause sexual humiliation or sense of shame.

2. Around April 8, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims E (hereinafter “Ameras, etc.”) taken pictures of the victim’s body against his will, using the Defendant’s cell phone camera, by photographing the body of another person who may cause sexual humiliation or humiliation using a camera, at the fourth floor G company workplace of the F company of the F company of the F company of the 4th floor of the G company of the Seoul Special Metropolitan City, G, G, and 41 years old.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Application of Acts and subordinate statutes to closure photographs and digital evidence analysis reports stored in suspect Handphones;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);

1. The sentence to suspend the sentence of Article 59(1) of the Criminal Act: The crime of this case on the ground of a fine of KRW 4 million is a photograph of the defendant in bus, one female student, and one female member in the workplace.

The defendant recognizes a crime, and the attitude to proceed with a trial, shall be serious.

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