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Reasons
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(영문) 인천지방법원 부천지원 2018.07.18 2018고단1291
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant has been aware of the victim B (name, leisure, 19 years of age) and 3 months prior to the Internet hosting.

1. On January 15, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) caused sexual impulses in the guest room of the “Drunel in Dacheon-si, Macheon-si, Macheon-si,” and taken pictures of the victim’s mobile phone (M-G950N) with a cell phone with the function of Kamera in which he/she owns the telegraph and the part of his/her sound book that he/she was divingd.

2. On January 28, 2018, the Defendant did not comply with the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of camera, etc.) and attempted to use his/her own mobile phone (SM-G950N) with the victim’s sexual intercourse within 503 Felel located in Seocheon-si, Seocheon-si, Busan, about 19:40 on January 28, 2018, and tried to photograph the victim’s sexual intercourse with the victim’s sexual intercourse with his/her own mobile phone with the victim’s body, but did not go against the victim’s intention and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on editing data concerning responses to digital evidence analysis, reports on results of digital evidence analysis, and photographs of some of the revolving data;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the selection of fines for each of the fines;

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. The main sentence of 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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, taken the body of the victim several times, thereby seriously infringing the victim’s personality.

Nevertheless, it is against the law.

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