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(영문) 수원지방법원 안산지원 2015.01.09 2014고합351
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

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

Reasons

Punishment of the crime

1. On September 26, 2014, around 23:00, the Defendant purchased so-called ftens and door-hows from the first floor of the victim E (n.e., 48 years old) of the D D building in Silung City, and the Defendant taken pictures of the victim’s spath and the front side of the body and the bridge of the victim using his smartphones with the inner function of the Kamera between the victim and the winger by using the cellphones.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. At around 23:05 on the same day, the Defendant met one time by the victim F (or 13 years of age) in front of the toilet located on the first floor of the above building, with the net hand that the victim F (or 13 years of age) passes from the toilet.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

2. Police seizure records;

3. Each statement of E and F;

4. Application of each statute of photography;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Taking pictures, such as a camera: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) Indecent acts by compulsion by children or juveniles: Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the maximum amount of fines for the above two crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which are heavier than the penalty);

3. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

4. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse.

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

7. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, and children and juveniles.

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