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(영문) 광주지방법원 2019.02.20 2018고단4815
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 1, 2018, at around 10:16, the Defendant taken a 53-round 10:5 minutes of the body of another person, who may cause sexual humiliation or humiliation using a smartphone, a device with a camera function, by photographing about five minutes of the body part of the victim D (Ga, Ga, 23) who is an employee of the Defendant, who takes a galthothic body part of the game machine, and takes a photograph of the body part of the Defendant’s Samsung Talthropt 5 mobile phone, and takes a galthic image of the Defendant’s Samsung Talthrothic body, which is an employee of Samsung C, a game machine with a camera function, and takes it against his/her will.

2. On September 3, 2018, the Defendant, at around 17:57, 2018 at the same place as Paragraph (1) of this Article, took the body parts of the said victim’s 46 game machine, and taken a photograph of the body parts of the said victim’s 39 seconds by taking a video recording of approximately 39 seconds, and taken the body of another person against his/her will that may cause sexual humiliation or sense of shame using smartphones, which have a function as a camera.

3. On September 3, 2018, at the same place as Paragraph 1, around 18:58 on September 3, 2018, the Defendant saw the body part of the said victim’s 46 game machine with approximately 3:31 seconds of video pictures taken by using smartphones, which are devices with a camera function, and taken against his/her will that may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018) and the selection of fines concerning the relevant criminal facts;

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. Confiscation of the Criminal Act;

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