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(영문) 수원지방법원 평택지원 2017.10.12 2017고정430
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

Punishment of the crime

1. On April 16, 2017, at around 14:41, the Defendant taken up 20 photographs of “SC-OS2”-free car-free car flus, which was installed in advance in the LG G5 mobile phone owned by the Defendant in Seoul Special Metropolitan City, Nowon-gu, using the victim’s name flusing flus, on 14:41.

2. On April 16, 2017, at around 15:34, the Defendant taken pictures of 10 times using “SC-OS2”less camera fluscis, which was installed in the GGG G5 mobile phone located in the Seoul Jung-gu Seoul Central District, in advance in the LG G5 mobile phone owned by the Defendant, using subway 1 line G. G. 1 line, which was located in the Seoul Central District of Seoul Central District.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A letter of arrest of a flagrant offender;

1. Seizure records;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photograph of suspect);

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

1. Article 16 (2) 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. A sexual crime under Article 334(1) of the Criminal Procedure Act is a crime that may cause a great sense of shame and fear to the victims of reasons for sentencing, and the need for punishment is high as it comes to social problems, repeated crimes are committed without being committed a single crime, without any previous conviction, and a conviction on the criminal facts in the judgment that are subject to registration and submission of personal information such as the defendant's occupation and age becomes final and conclusive.

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