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(영문) 대전지방법원 천안지원 2016.04.29 2015고단2106 (1)
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 2015, 2015, the Defendant discovered the victim’s name and influor on his own clur in front of the Nam-gu apartment B apartment complex, Nam-gu, Southern-gu, the Defendant taken the victim’s body that could cause sexual humiliation or shame using a mechanical device similar to the Kamera by photographing the body of the victim’s her turbane, which was shortly half of the galloned by using the S smartphone’s camera function at the time of his galloning the Defendant’s gallon, and then taken the victim’s body against his will, by taking the victim’s turbane up to the ballon up to the next

2. At the date and time of the above paragraph 1, the Defendant provided the victim’s photo taken as above in the above paragraph 1 by transmitting the victim’s photo to a smartphone hold room in the gallon of pro-friendly E by using his own smartphone D.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Application of Acts and subordinate statutes as a result of the digital evidence analysis of smartphones;

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

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. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is determined by taking into consideration favorable circumstances, such as the fact that the crime of this case is not deemed to have been provided to others by photographing a specific body part without the victim’s consent, or that the defendant has no same power, and that the defendant has committed a crime and is against the defendant’s depth.

Where a conviction becomes final and conclusive on the crime of this case, the defendant who is registered with personal information is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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