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(영문) 수원지방법원 2017.11.09 2017고단4866
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) (hereinafter “E”), the Defendant, in the D Station located in Suwon-si, Suwon-si, using a mobile phone with the function of a camera, where the body part of the victim’s body part is laid off, using a cell phone with a hard camera function in which the body part of the victim’s body part is installed.

In addition, from around April 2017 to April 16:45, 2017, the Defendant taken pictures of the victims in total of 13 times as shown in the annexed crime sight table.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. Around December 2013, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials), received and stored five video files containing the physical or whole exposure of children and juveniles to a cell phone from the Defendant’s house located in Suwon-si F, and the file sharing program (G), etc. installed in a cell phone.

Accordingly, the defendant was aware that he is a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A criminal investigation report (to attach children or juveniles’ obscene materials video files and video CDs);

1. Photographss, etc. related to crimes;

1. Investigation report (to select a child or juvenile pornography and attach photographs thereto);

1. obscenity accompanied by obscene videos;

1. Application of Acts and subordinate statutes to investigation reports (the act in which the person under investigation has taken a dynamic image, but the storage pressing is not made; - the period);

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crime and the Selection of Punishment, etc. of Specific Crimes, Article 11(5) (a) of the Act on the Protection of Juveniles from Sexual Abuse (a possession of obscene materials for children and juveniles).

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