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(영문) 청주지방법원 2018.03.08 2017고단2149
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant was a person with a half-year bridge between the victim C (V, 69 years of age) and the victim’s outer rating, and was willing to intrude into the victim’s residence with a suspicion of the victim’s external rating.

1. On August 24, 2017, the Defendant violated his residence: (a) around 21:40, the Defendant: (b) opened a front door door password, which was known to him, and opened a door door and intrudes upon the victim’s residence.

2. Around 21:50 on the same day, the Defendant was hiding in a bend column inside the said place, and the victim was off his/her body and brupted with his/her body with his/her string, and taken photographs of the victim’s form using smartphones by the Defendant’s smartphone.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes, such as photographs, criminal tools, photographs, etc. taken by the victim;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Taking pictures, such as a camera), Article 319(1) of the Criminal Act, and selection of fines, respectively, 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 48 (1) of the Criminal Act to be confiscated;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant's age, occupation, and occupation);

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