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(영문) 인천지방법원 2016.11.16 2016고단6643
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Around July 21, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Camera, etc.) reported that, around 16:47 July 21, 2016, the entrance door of an apartment that could not know the number of houses in the corridor 1405, 19th, Nam-gu, Incheon, Nam-gu, Incheon, could live even, and that, in that gap, the Defendant taken a picture of approximately six minutes by using the camera function of a smartphone in Samsung Gi-gu, Samsung Gidong-gu, Samsung which the Defendant had, using the camera function of the smartphone in which the said victim was exposed to the upper half of the body and carried out a meal in that state.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation using the camera in smartphones against his will.

2. Around 18:20 on August 4, 2016, the Defendant openly committed obscene acts, such as: (a) the Defendant: (b) the Defendant: (c) at the elevator side of the Nam-gu Incheon Metropolitan City B apartment 1413, the second floor of the elevator of 1413, by using corridor windows, view 3 women on the playground’s name influor; and (d) the Defendant: (c) the Defendant: (d) the Defendant fluordd

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report (for example, a case for a specific victim not a victim) and the application of Acts and subordinate statutes related to photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes, Article 245 of the Criminal Act, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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. Where a conviction against the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused shall be punished for a sexual crime.

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