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(영문) 수원지방법원 안양지원 2014.01.15 2013고단763
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 18:10 on February 7, 2013, the Defendant taken a photograph of the part of the bridge part of the victim C (V, 22 years old) who had been living in front of the cell phone bicycle storage stand No. 938, the Sinpo-si, Sinpo-si, Sinpo-si, by using the cell phone image recording function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

2. Around 19:00 on April 15, 2013, the Defendant taken a photograph of the part of the victim D (n, 24 years old) who was seated in the seat of the Defendant in the subway station located in the front line of the subway line 1 located in the Manyang-dong-dong-dong-dong-dong-dong-dong-dong, using a mobile phone image recording function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, and C;

1. The police seizure record and the list of seizure;

1. Application of the video CD-related statutes;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and the selection of fines for criminal facts;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 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 before order to complete program;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is 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, and such person is subject to Article 43 of the same

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