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(영문) 수원지방법원 2016.08.11 2016고단2568
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

From June 2014, the Defendant terminated the relationship between the victim B (the male, the 22 years of age, the name of the household), and the police officer on July 2015.

1. On July 30, 2015, the Defendant, at around 00:00 on July 30, 2015, taken pictures of the victim’s residence located in Suwon-si C, Suwon-si, by using a camera function located in the smartphone owned by the Defendant, of the victim’s telegraph who was in a state of body in his/her bed, on two occasions at the victim’s residence.

Accordingly, the defendant took photographs of the victim's body against the victim's will, using a mechanical device similar to the camera, which could cause sexual humiliation or shame.

2. On August 2, 2015, the Defendant sent two copies of the victim’s body telegraphic telegraphic photo taken, such as the statement in paragraph (1), to a mobile phone of the victim’s female-friendly job offers E, from August 2, 2015, on the front of the victim’s residence, around 01:08 around August 2, 2015.

Accordingly, the defendant provided E with the body photographing of the victim who could cause sexual humiliation or shame against the victim's will by using a mechanical device similar to the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of providing photographs, such as a camera), and the selection of fines;

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. The defendant with reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall photograph the body of the victim against the will of the victim, and shall take them out by the victim.

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