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(영문) 의정부지방법원 고양지원 2016.04.08 2015고단3402
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

Nevertheless, on August 25, 2015, the Defendant taken the body of the victims who may cause a sense of shame at least nine times in total, as shown in the attached crime list, from August 25, 2015 to September 13, 2015, by using the obscene site “D”, via the Defendant’s cell phone camera (E), and by taking the cry of the victim’s name in secret (e.g., female, age), which entered the crymen, into the crymen’s cell phone, and taken the body of the victims who may cause a sense of shame at least nine times in total, as described in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Analysis of photograph files by each user of a bromermera case);

1. Application of Acts and subordinate statutes as a result of the CD reproduction accompanied by an investigation report;

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

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 of the Criminal Act, Article 69 (2) of the Criminal Act to attract a workhouse;

1. The rationale for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the victims of this case are extremely unfavorable to the Defendant.

However, the defendant shall be sentenced to punishment like the order, comprehensively taking into account the fact that the defendant was taken within a short time and taken at a place far away from the victim, the fact that the defendant was not guilty, the age of the defendant, sexual conduct, environment, circumstances after the crime, etc.

When a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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