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(영문) 수원지방법원 여주지원 2018.05.09 2018고단124
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

The defendant and the victim C (the age of 21) were between the defendant and the victim from November 2016 to about one year.

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, the Defendant:

A. Around the beginning of July 2017, a person locking a victim’s sexual organ at his/her residence located in the Gu Building 312 of the Cheongju-si Office, using a cellular phone camera function, takes a photograph of the victim’s sexual organ after the victim’s blamer;

B. On October 2017, around the end of the victim’s residence in the Chungcheongnam-si, the victim’s sexual intercourse with the Defendant using mobile phone camera functions was taken visual images of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of the Act and subordinate statutes to report on investigation (report on attachment of seals of the victim's body sealed from the suspect's cell phone);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act reflects the defendant's fault in depth, and the injured party does not want the punishment of the defendant by paying 6 million won to the injured party and by agreement with the injured party.

The defendant shall not have any criminal record other than being punished by a fine due to drinking driving once.

In addition, the defendant's age, sex, environment, motive and background of the crime, relationship with the victim, circumstances after the crime, etc. shall be determined as ordered by taking into consideration.

registration of personal information; and

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