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(영문) 수원지방법원 성남지원 2017.10.13 2017고단1971
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Punishment of the crime

1. On June 4, 2016, the Defendant, at a D hotel located in Seocho-gu Seoul Metropolitan Government, taken a gallon jum of the victim E (V, 25 years old) using S7 mobile phone cameras owned by the Defendant, with the gallon of the victim E (W, 25 years old) put in her clothes, and carried them down to the bed down to the bed.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation against his will by using a camera.

2. On June 5, 2016, the Defendant taken a photograph of the victim’s sexual organ using the Defendant’s cell phone camera in which he/she had sexual intercourses with the said victim at the mutual influence near the steel shot Station near the steel shot field.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

3. On June 6, 2016, the Defendant provided the victim’s body pictures, which could cause sexual humiliation or sense of shame, against his will, by transmitting them to the Defendant’s cell phone phone, along with the photographs sent to the Defendant’s cell phone before the victim took his/her own clothes, prior to the victim’s photograph taken by the Defendant, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. A G dialogue list;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a crime being provided, such as a camera against the victim’s will), Article 14(2) and Article 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a crime of providing photographs against the victim’s will) state only “Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” under the applicable law, but transmitting a photograph sent by the victim to his/her relative as stated in Article 14(2) of the same Act.

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