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(영문) 수원지방법원 안양지원 2014.09.19 2014고단1207
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

On May 20, 2014, at around 08:06, the Defendant: (a) was going to the front of the Defendant using the victim’s name unexploited (or 20 first first half) in the S4 mobile phone camera image function; (b) was taken against the victim’s will by using the victim’s body body and/or image; and (c) was written in the same manner from March 2014 to March 3, 2014, the number 1, 2, and 4 through 39 of the list of crimes in the annexed sheet of crimes, such as the annexed list Nos. 3 was written.

In total 38 times, the body of the victimized women, such as the fingers, which may cause sexual humiliation or sense of shame, was taken against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the analysis of digital evidence;

1. Data evidencing a crime remaining in S4 mobile phones and photographs by capturing a dynamic image;

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

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Selection of fines (the fact that it is true that it does not repeat a crime

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 to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the instant conviction against the Defendant who has registered personal information becomes final and conclusive by taking account of the fact that the period of the crime of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the frequency of the crime reaches several times, 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

However, the defendant does not commit a second offense.

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