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Reasons
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(영문) 수원지방법원 2019.01.31 2018고단6856
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

On August 7, 2018, the Defendant taken pictures of the victims’ body in total 21 times, as shown in the attached list of crimes, including those taken video pictures of the victim C (the victim, the am, the am, the am, the am, the ambbbbbs, and the ambs, the ambs, the ambs, the ambs, the ambs, and the ambs.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. A report on the analysis of digital evidence;

1. Investigation report (the analysis of suspect mobile phone digital evidence - photographs), photograph;

1. Application of the Acts and subordinate statutes on investigation reports (the analysis of suspect mobile phone digital evidence - images) and screen pictures for video closures;

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) and the selection of fines in relation to the relevant 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. Where a conviction against a defendant who shall file for the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant 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, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

The defendant suffers due to the age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order.

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