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(영문) 수원지방법원 2014.10.31 2014고단3639
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

Criminal facts

On June 11, 2014, the Defendant: (a) around 21:14, the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the 201st day of the C

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. A statement concerning the preparation of victimD;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case committed by the Defendant on the grounds of sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the Victim’s Body by using a mobile phone device rather than stealing the neighbor’s house that he/she had resided, is not likely to be committed in light of the background and mode of the crime.

According to the records, the defendant seems to have stolen the interior of a neighboring house several times through the toilet window except this case (except in the case of the victim on the market, the victim did not take a photograph and did not bring a separate indictment) and the necessity of strictly punishing the defendant is recognized.

However, in light of the fact that the Defendant is against the other location immediately after the case, and the contents of the motion picture taken by the Defendant, the parts of the bridge are taken under the clothes of the victim who wear a short reflector. Thus, it seems difficult to see that the degree of sexual humiliation is serious, and the Defendant is the case.

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