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(영문) 전주지방법원 2018.06.22 2018고단573
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is the president of the “H Dental” located in Jeonjin-gu Seoul Metropolitan City G.

1. On June 28, 2017, the Defendant, at around the same time, taken a photograph of the body of victims against their will who might cause sexual humiliation by the same method nine times in total, as shown in the list of crimes in the attached Table of crimes, by using a sports campaign, which is taken by the video at the above dental disinfection preparation room (a multi-use room), and by installing it on the side of the client’s bridge, who is in charge of providing nursing services (35 years old), and the victim’sJ (37 years old).

2. Around July 7, 2017, the Defendant taken photographs, using the Defendant’s portable phone fitted with a camera installed in the above dental stamp, to take the appearance of the victim I, who was a private person providing nursing services for the above dental, to sit in the body against his will.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame against their will.

Summary of Evidence

The application of the Act and subordinate statutes to the defendant's legal statement I, the police statement seizure protocol by J, the list investigation report of seizure list (related to the attachment of photographs using personal phones), investigation report (as a result of digital evidence analysis, attachment of report)

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Details of an exemption from notification of registered information under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the social status of the accused.

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