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(영문) 광주지방법원 2016.08.31 2016고단2505
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. The defendant shall be punished by a fine of 3,500,000 won;

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

Reasons

Punishment of the crime

1. On May 4, 2016, the Defendant: (a) discovered and accessed the victim’s name influence (or 20 presumed) who was suffering from the horses in D urban bus in the vicinity C in Gwangju-gu, Gwangju-si; (b) opened a cell camera at the bottom of the victim’s pathma; and (c) taken bucks, etc. of the victim who was in the path in the pathma.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation against his will.

2. On May 9, 2016, the Defendant discovered the victim H (the age 25) who was suffering from primary skins in the G urban bus that passed around the subway “F” located in Dong-gu, Gwangju-si, Gwangju-si around May 17:50, and then accessed the victim’s h (the age 25), putting the cell camera into the cell camera under the right of the victim, and taken the bucks, etc. of the victim who was in the tama.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each seizure protocol, etc. of the police;

1. Investigation report (a photographic attachment of a photograph taken by a female victim's flag), investigation report (the result of digital evidence analysis) and the application of Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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, Article 48 (1) 1 of the Criminal Act;

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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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