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Reasons
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(영문) 대구지방법원 2016.09.27 2016고단3408
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

1. On January 2010, the Defendant, at C High School in Daegu-gu, Daegu-gu, 2010, taken a brush of the victim D (the age of 18) who scams the stairs using his mobile phone camera, using his cell phone camera, in a brupted video against his will.

2. On 2010, the Defendant, at the above C High School around B, taken the part of the victim E (V, 18 years of age)’s school uniforms, which is going up with stairs in the above manner, using a brush video against his will.

3. On February 2015, the Defendant, at the sloping room in Daegu-gu, Daegu-gu, 2015, taken a part of the victim G (V, 19 years old), off his cell phone camera from the body of the sloping room in order to cover his clothes, and taken a sloping image against his will.

4. On January 25, 2016, the Defendant, at the above place, taken a flag image of the victim H (n, 19 years of age), off the part of the victim H (n, her 19 years of age), and her clothes, against his/her will, in a flagic image.

5. On January 26, 2016, the Defendant taken 10:02, from the J bank located in Daegu Jung-gu, Daegu-gu, the part of the victim L (the name, the son, and the 24 years old) who was in front of the Defendant using his mobile phone camera in front of the J bank No. 10, K-gu, U.S.-gu, U.S., 201, using his cell phone camera.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Each written statement of G, H and E;

1. A protocol of seizure (voluntary submission), list of seizure, and a written waiver of ownership;

1. A report on results of analysis of digital evidence on mobile phones;

1. Application of Acts and subordinate statutes to investigation reports ( digital evidence sunset images, motion picture files pictures on the day of committing a crime);

1. 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 (Law No. 1158, Dec. 18,

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