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(영문) 의정부지방법원 고양지원 2016.04.27 2016고단300
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

1. On November 6, 2015, the Defendant taken six times as indicated in [Attachment Table 1] to the victim’s bridge and bridges, using smartphone cameras owned by different female victims, using a short flag in the center line of the border line, which operates the airspace of the airspace of the airspace in the Seosan Station, around 07:43 on November 6, 2015.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

2. On November 6, 2015, around 08:12, the Defendant taken 11 times as described in the list of crimes in the annexed Table 7. through 17. The Defendant, using a smartphone camera in which the victim D (n, 26 years old), who suffered a shorter fat in the subway line C located in Mapo-gu Seoul Metropolitan Government, located in the subway line B, with the victim D (n, 26 years old).

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs attached to the investigation report (written report on the results of digital evidence analysis);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include two and the same day, and the number of times of the crime was committed, and the defendant shows an attitude against the first offender and is under medical treatment. In addition, all of the sentencing factors indicated in the records, such as the defendant's age, occupation, sex, family relation, motive, means, and consequence of the crime, etc.

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