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Reasons
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(영문) 광주지방법원 2016.10.07 2016고단3423
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 13:00 on July 31, 2016, the Defendant connected the cell phone of the Defendant, which had the function of the camera in front of the water tank B, to the “cella kack,” and taken a photograph of the victims by putting the accelerator in front of the water tank C in front of the water tank B, using the bridge between the female victim and the victim D (the victim, the victim, the age of 26) who was viewing the water tank.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on investigation (Attachment of photographs inside suspect mobile phones) and a suspect's photograph inside suspect mobile phones;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is against the Defendant’s wrong recognition of his/her fault. The Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, methods and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure order or notification order, the preventive effect against sexual crimes subject to registration

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