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Reasons
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(영문) 수원지방법원 안양지원 2016.12.21 2016고단1432
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

1. On May 19, 2016, the Defendant discovered the victim’s name in the “D” room located in Sinpo-si C and 2nd floor of Sinpo-si, and discovered the victim’s name in which he/she was using the computer, and taken several images of the victim’s body using the LG optionsG smartphone (Evidence No. 1) function.

2. On June 5, 2016, the Defendant discovered a victim with no name, who was using a computer, seated at the place specified in the foregoing paragraph (1), and taken several images of the victim’s body using the smartphone’s camera function as stated in the foregoing paragraph (1).

3. On June 8, 2016, the Defendant discovered the victim E (such as 18 years of age, 18 years of age) who used a computer, seated at the place specified in the foregoing paragraph (1), and taken several images of the body of the said victim using the camera function of the smartphone as described in the foregoing paragraph (1).

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (digital evidence analysis results) and photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is inferior to the crime of sentencing under Article 334(1) of the Provisional Payment Order, personal information should be equally taken into account such factors as the defendant's age, character and conduct, occupation and family relationship.

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