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(영문) 창원지방법원 진주지원 2015.05.18 2015고정53
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On February 2, 2014, the Defendant, as a person with disabilities of class II (non-functional) with disabilities of class II, was at a hospital located in Jinju-si, D Hospital located in Jinju-si, was aware of the victim E (V) hospitalized in the same hospital, and was able to photograph the body form of the victim on a cell phone in order to bring the ties when the victim E (V) was married in the same hospital, and was married.

1. On April 18, 2014, at around 16:15, the Defendant taken visual images of the victim’s body against his/her will using a cell phone (trineHW-M340L) to fill the gap in which the victim gets off and takes bath of clothes at his/her bathing room in Gmocheon-si F.

2. On June 3, 2014, from around 12:03 to 12:09 of the same day, the Defendant taken pictures and videos against his/her will, using the cresh of the victim’s body by using the cresh of a cell phone (trisungSW-M340L), in the cresh of the cresh of the victim’s body in his/her mouth (second floor) located in Jinju-si, Jinju-si, from around 12:03 to 12:09 of the same day.

3. On June 12, 2014, from around 16:13 to 16:35 of the same day, the Defendant taken visual images of the victim’s body against his/her will using the cresh of the victim’s body in another cell phone (threeth floor) of another cell phone (threeth floor) in which the victim was laid off from the bed while staying in the bed in the bed room in Jinju-si, Jinju-si, Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the third, substitute, and E statements);

1. Each police statement of E;

1. Seizure records;

1. Each report on investigation;

1. Application of Acts and subordinate statutes, such as photographs showing mobile phone conversations, seized articles, CDs, and motion pictures;

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 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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