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(영문) 제주지방법원 2015.08.12 2015고단648
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 April 30, 2015, around 07:52, the Defendant discovered the victim B (here, 18 years of age) waiting for a bus in order to exchange with school uniforms, at the bus stops of the Jeju Women's High School located in Araildong, Jeju-si, and found the victim B (here, 18 years of age). When the Defendant operated the mobile phone Samsung Talthro, Samsung Talthom, Inc., the Defendant’s mobile phone Samsung Taltha, which was owned by the Defendant, taken the part of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her b her her her s

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the digital evidence analysis report, investigation report (Attachment of suspect photograph pictures), investigation report ( Results of digital evidence analysis of suspect mobile phones), investigation report (Attachment of digital evidence analysis images of suspect mobile phones);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for 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. A favorable circumstance for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Provisional Payment Order”) takes into account the following circumstances into consideration: The fact of the crime is recognized and reflected, and the primary and unfavorable circumstances: the number of offenses is high, and up to now.

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