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(영문) 수원지방법원 평택지원 2016.03.31 2015고단1947
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 23, 2015, the Defendant: (a) on May 23, 2015, around 08:00, the Defendant: (b) reported the victim D (n), 21 years old; (c) boarding the escalator to take a string in order to board the e-mail; and (d) taken the victim’s e-mailbbbbbbbbbbs and inner part of the victim, using the victim’s 6 mobile phone camera function, using the victim’s e-mail; and (c) taken the e-mail of approximately five seconds following the Defendant’s e-mail.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera function against his will.

On October 9, 2015, the Defendant: (a) 18:30 on October 9, 2015, the 2016 Highest 136 Defendant: (b) taken the victim E (n, 24 years of age) using the Defendant’s cell phone camera function in the victim’s cell phone camera, using the victim’s cell phone camera function and taken approximately 3 seconds of buckbucks.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera function against his will.

Summary of Evidence

"2015 Highest 1947"

1. Statement by the defendant in court;

1. Written statements of D;

1. The defendant's photograph "2016 Mano 136";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Where a conviction becomes final and conclusive on the facts constituting a sexual assault crime subject to the obligation to register and change personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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