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(영문) 광주지방법원 2017.10.27 2017고단3394
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around June 12, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.), took pictures of the body of the victim D (V, 21 years old) who is melting a balthm of his mobile phone (galtho S8) from the second common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common

Accordingly, the Defendant taken the body of another person, who may cause a sense of shame, using a camera or other similar mechanism, against his will.

2. Around 11:25 on the same day as above 11:25, the Defendant, who intrudes into a structure, taken a photograph of the body of the body of the body of the female people who are viewed as melting the sides in a female toilet located in the fifth floor of the building C, against their female will, in order to take a photograph of the body of the female people who are viewed as melting the sides at that place (21 years old).

Accordingly, the defendant invadedd the above female toilet manager's structure that he manages against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Attachment of evidentiary photographs of digital evidence analysis contents);

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) (a) of the Criminal Act and Article 319(1) of the Criminal Act concerning the crime, 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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