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(영문) 수원지방법원 안산지원 2014.09.24 2014고단1955
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Criminal facts

1. The Defendant, at around 09:00 on November 10, 2013, taken photographs against his will when the victim B (the victim B, who was in a panty relationship C and the victim B (the age of 19) who was in a panty relationship at the time when the Defendant’s house located in Ansan-si, Ansan-si, 127 Dong 201, was under the influence of alcohol, using the cellular phone device of the Defendant, in which the panty function of the victim, which may cause sexual humiliation or sense of shame or shame, was under the influence of alcohol, and then, the victim’s panty, who was in a state of panty, was out of the panty and panty, brought the Defendant’s face on the part of the panty, and the part of the panty.

2. Around 17:00 on May 23, 2014, the Defendant: (a) taken pictures against the victim’s Cheongbane, which was closely connected to the victim’s body, using the aforementioned cell phone, in the E-Span-pured vehicle owned by the Defendant who was set up in the alley in the vicinity of the Jinsidong-gu, Ansan-si; (b) the victim D (V, 20 years of age) who was in a relationship with the victim at the time, was locked, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Records of seizure and the list of seizure;

1. Requests for the results of digital evidence analysis and the application of the Acts and subordinate statutes related to the case;

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

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

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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. The disclosure and notification of personal information shall not be made in consideration of the provisions of Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the first offender in the proviso to Article 50 (1), family relationship, the previous

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