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(영문) 전주지방법원 2014.08.21 2014고단784
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

1. On March 27, 2014, around 20:35, the Defendant followed the victim’s name in the name unrecognizs of the Yansan-gu Seoul Metropolitan City, which cannot be identified in the cuds of the Yansan-gu, the Defendant: (a) taken the victim’s panty in a mobile phone camera by inserting a hand with a cell phone, which is spawn of the victim’s panty, into a video.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On April 9, 2014, at around 22:31, the Defendant, on the first floor, 203-5 dong 5-6 dong Donsan-si, Jeonju-si, took photographs of cell phone camera images with cell phone cameras in possession of the part of the victim E (18 years old, female) waiting for an elevator, and took photographs in the same manner.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Protocol of seizure, list and evidential materials attached thereto of the police;

1. A report on the occurrence of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each investigation report, a report on the analysis of digital evidence, and evidence attached thereto;

1. Application of the prosecution's protocol of statement to each photograph and CD image;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the 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. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is the crime of this case.

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