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(영문) 의정부지방법원 2014.06.02 2014고단882
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around May 10, 2013, Defendant 23:55 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “D”) installed a mobile phone with a Kameras function inside the “D” Mari-si, Gyeonggi-si, Gyeonggi-si, Ltd. under the victim E (n, 24 years old), and installed the cell phone under the victim E (nive, 24 years old), taken the face of the sexual relationship with the victim from March 28, 2013 to the same year.

6. By the end of 29.2, the victim taken a face of sexual intercourse with the victim by the aforementioned method five times, such as the list of crimes in the annexed sheet.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. Around 17:00 on July 24, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a Gisler vehicle up to approximately 81 km on the street near the Defendant’s house located in Songpa-gu Seoul F and 107 202 dong 18,410 dong-si, Namyang-si, Namyang-si, Hacheon-si, Gisler vehicle up to 81 km on the street near the 81-3 Donam-ri, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Registers of driver's licenses;

1. Application of the statutes governing the output of the Kakao Stockholm screen;

1. Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter “Special Cases concerning the Punishment, etc. of Sexual Crimes”); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras); Articles 152 subparag. 1 and 43 of the Road Traffic Act; and selection of fines, etc.

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

1. Articles 70 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) of the Criminal Act of confiscation;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the provisional payment order is that the defendant is a victim in the future.

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