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(영문) 창원지방법원 2019.03.29 2019고단33
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On July 6, 2018, at around 18:14, the Defendant, at a store located in Kimhae-si B, filed a short list of victims D (mans), and taken a photograph of the victim’s bridge by smartphones.

2. On July 6, 2018, at around 16:12, 2018, the Defendant: (a) reported that a female victim was suffering from a short bridge in the name of the female victim; and (b) followed the victim, the Defendant taken the bridge of the victim’s bridge with a smartphone.

3. On July 6, 2018, at around 17:47, the Defendant: (a) entered a bus bus stop in front of the C store as listed in paragraph (1) with a short benching horse with the victim E (at 14 years of age) and went into bench; and (b) taken the part of the victim’s bridge against smartphones in front of the victim.

4. On July 12, 2018, at around 18:17, the Defendant: (a) reported that the female victim was satisfed with shorter satfa, resulting in a short satfa; and (b) taken the part of the victim’s satfa in front of the victim using his mobile phone cameras.

Accordingly, the defendant taken four times against his will another person's body, which could cause sexual humiliation or shame by using devices with camera functions.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. The statement (tentative name) and the statement (E);

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (four video files);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of fines, etc., concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;

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