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(영문) 의정부지방법원 2015.05.26 2014고단4657
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Defendant,

1. On October 12, 2014, from 12:28 to 12:40 on the same day, taking a photograph of a part of a bucker, etc. under which three female victims in an influent female by using a camera filled in the Defendant’s smartphones, located in Mat-si B;

2. On October 13, 2014, at an insular office located in Spocheon-si on October 13, 2014, taking photographs of the bottom of a female victim's bridge in the same manner as in the preceding paragraph;

3. Taking the half part of a female victim’s non-name and the half part of a bridge in the E-cafeteria located in Scheon-si from 12:02 to 12:29 on October 13, 2014, in the same manner as the above 1;

4. Taking photographs from agricultural cooperatives located in Macheon-ro 61-gil 9-6 from October 13, 2014 to 14:28, in the same manner as the above 14:25 on October 13, 2014, of the bridges under the bridge of a female victim who is not his/her name, in the same manner as in paragraph 1 above;

5. From around 18:23 to 18:42 on October 13, 2014, at the same place as the above paragraph 1, the victim F (n, 33 years of age) taken a bridge under the bridge of the victim F (n, e.g., the victim’s bridge in the same manner as the above paragraph 1, and taken a bridge under the dives of four female victims.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mechanical device with a camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Police seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes to internal investigation reports (investigation into attachment ofCCTV video photographs) and internal investigation reports (investigation into seized video files);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the 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 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Punishment, etc. of sexual crimes committed against him/her;

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