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(영문) 전주지방법원 2016.10.14 2016고단1363
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. At around 13:30 on July 7, 2016, the Defendant discovered a victim with a short blue-ro in Empt D located in the front city, and then taken a dynamic image of the victim’s bucks, panty, panty, etc., which may cause sexual humiliation or sense of shame by using a camera contained in the cell phone flag (SHV-E30S) of the Defendant’s cell phone.

2. At around 13:50 on the same day, the Defendant continuously discovered the victim H (the name of the victim, the age of 21) who is waiting for the calculation in front of the calculation unit by suffering a short fat in the G located in the Musan-gu Seoul Metropolitan City on the same day, and then taken the victim’s bucks, panty, etc., which may cause sexual humiliation or sense of shame by using the camera installed in the cellular phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer with regard to H (alias) and I;

1. A complaint;

1. Each investigation report (report on the grounds for failure to identify the identity of the victim, on-site photographs, such as a computer of suspect's residence, etc., DV storage related to the place of crime, ctv and smartphone restoration photographs, etc., output of the spawd photographs taken several times, accompanying a CCTV video file installed in E-mail, and accompanying report, such as the face page of the victim’s body, etc. taken by the suspect);

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts (the occupation of using camera, etc. and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. The crime of this case was committed on the grounds that the defendant was disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act, and the bodily injury of the victims was committed on two occasions.

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