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(영문) 수원지방법원 2016.02.18 2015고단5619
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

Punishment of the crime

On July 22, 2015, the Defendant: (a) on the frontway in Suwon-si C, Samsung C, with its own camera function, taken screen pictures of the parts of the unexploded women’s body damaged by blue luxine using S3 mobile phones; and (b) on July 22, 2015, around that time, such as the list of crimes in the separate sheet.

9. From 19:35 up to 22. 19:35, the body part, etc. of the women suffering from the influence of their names were taken nine times in total.

Accordingly, the defendant taken the body parts of the victims who could cause sexual humiliation and shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, G and H;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. Report on the results of digital evidence analysis;

1. The image of a victim who has taken the moving image by the person under consideration;

1. Application of the Acts and subordinate statutes on the list of unspecified female pictures discovered from the mobile phone of the victim;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a judgment of conviction against a defendant on each of the criminal facts stated in the judgment that he/she shall file for registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, results and seriousness of the crime, order of disclosure or disclosure.

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