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(영문) 의정부지방법원 고양지원 2016.04.22 2015고단3616
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

On February 5, 2015, the Defendant was sentenced to a suspended sentence of three years on July 13, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), a crime of fraud, and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on February 13, 2

On July 2015, the Defendant: (a) taken the victim’s body against the victim’s will, using his cell phone candimera fix (no sound at the time of photographing) in his/her dwelling area, Kimpo-si Apartment-si, Kimpo-si, Kimpo-si, 406, in which he/she participated in, and (b) taken the victim’s sexual organ and she was exposed to, 5 times in white candimera, and she was exposed to the bed; (c) on five occasions in which he/she was exposed to the bed; and (d) on two occasions in which he/she was exposed to the Defendant’s sexual organ and she was exposed to the Defendant’s sexual organ; and (d) taken the victim’s body against the victim’s body, who could cause sexual humiliation or humiliation by using a mechanical device similar to the Kamera, respectively.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes that accompanying the investigation report;

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 of the Criminal Act, Article 69 (2) of the Criminal Act to attract a workhouse;

1. Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. As for the reasons for sentencing under Article 48(1)1 of the Criminal Act, taking photographs of the same kind of crime without the victim’s permission even though the defendant was under probation period is disadvantageous to the defendant.

However, the defendant taken photographs to clarify that the victim had sexual intercourse under the agreement with himself/herself because the victim had filed a complaint against others in the past to rape.

The reason for his name is against the victim, and the victim is against the victim.

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