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(영문) 광주지방법원 순천지원 2018.04.20 2018고단67
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, at around 13:57 on November 3, 2017, the Defendant: (a) discovered the Victim F (22 years old); (b) discovered the Victim F, who was going to board the E Station by taking a short fat in the B Station, and was in mind to photograph the bats and scoo of the female’s bridge; (c) opened a video camera of the Defendant’s smartphone camera owned by the Defendant; (d) opened up the video camera of the Defendant’s smartphone camera, with a finger covered after the victim’s scoo, cut smartphone into the victim’s bats and scoos; and (e) taken the victim’s bats and scoos under the victim’s bats; and (e) taken the victim’s body bats against the victim’s will during the period from August 2015 to the above time, as shown in attached Table 11.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. Application of the Acts and subordinate statutes of the video;

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

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. The fact that multiple crimes have been committed for a long period of time for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is strong degree of sexual humiliation, the fact that there is no agreement with the victims, the victims' face is less likely to cause secondary damage, the fact that the defendant is the primary offender, the fact that the defendant is in depth, and the defendant's age, etc.

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