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(영문) 광주지방법원 순천지원 2016.10.26 2016고단500
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Points of shooting a camera;

A. On October 13, 2014, the Defendant: (a) reported that the victim E (39 years of age) who is a workplace partner at the male resting room of D 2nd floor D in 13:00 in the first order of 13:00, the Defendant took a photograph of the victim’s sexual organ by using the Defendant’s mobile phone located in the Kameras, against the victim’s will.

B. At around 01:00 on the day following the crime of the above paragraph (a), the Defendant: (a) viewed that the victim was divingd with panty only at the place of the above paragraph (a); and (b) taken photographs of the telegraph of the victim against the victim’s will using the cell phone of the Defendant inside the Kameras

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame on two occasions by using a camera, against his will.

2. On October 2014, the Defendant: (a) sent the victim’s balm photographs taken as above to the above group hosting room and distributed them, while holding the above balm photographs with G et al., a place of work, at the F Grouping room at the above D office.

Accordingly, the defendant distributed a photographic recording of the victim's body that could cause a sense of sexual humiliation using a camera.

Summary of Evidence

Defendant’s partial statement

Witness

E Application of Acts and subordinate statutes on police's written statement statement E

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

5. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The act of taking photographs of the accused against the injured party and the act of transmitting photographs to group hosting rooms shall be an act of business; and

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