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Reasons
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(영문) 수원지방법원 2016.03.31 2015고단5145
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On July 17, 2015, the Defendant was in possession of the subway 1 line D, which is located in Ssung City, around 18:51, the Defendant was in possession of the subway 1 line D.

gallon taken six times the parts of the body of the women suffering from the name influor, which was passed by using the Kameras in Grandland's cellular phone.

2. On July 17, 2015, the Defendant was in possession of the subway 1 line D platform from the subway 1, which is located in Ssung City around 18:53 on July 17, 2015.

gallon taken three parts of the body that had been waiting for a ballon E (V, 25 years old) by using a camera installed in the telephone carrier in Grandland.

As a result, the Defendant taken the body of another person, who may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (digital evidence analysis case) and investigation report (written confirmation of the crime);

1. Application of the existing Acts and subordinate statutes on mobile phones (TM-G720N0) (No. 1);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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. Article 48 (1) of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the crime of this case took a part of the body that may cause a sense of sexual shame to the victimized women, thereby giving a considerable amount of mental impulse to the victims. It is not that the responsibility is somewhat weak.

On the other hand, the history of criminal punishment has not been confirmed, and the circumstances are also recognized to recognize his/her mistake.

In addition, the above circumstances and the defendant's age, sexual behavior, etc.

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