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(영문) 수원지방법원 2014.10.10 2014고단3908
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On June 26, 2014, around 14:39 on June 26, 2014, the Defendant found a female victim under his/her name at the front of Suwon-si Suwon-si C, and taken a video image of the victim’s bridge and her son, who might cause sexual humiliation or sense of shame by using the Defendant’s gallon jutho-si video function of a mobile phone jutho 4 mobile phone, for about nine seconds, against the victim’s will.

2. Crimes committed on June 28, 2014;

A. On June 28, 2014, at around 07:55, the Defendant discovered a female victim’s name in the front of the “KT East Military Branch Branch,” which is a unit of the Young-gu, Suwon-si, Suwon-si, 324, and taken video images for about one minute 47 seconds against the victim’s will.

B. At around 08:19 on the same day, the Defendant discovered the Victim F (or 25 years of age) entering the said hospital at the entrance of the “E Hospital” located in Suwon-si, Suwon-si, and found the victim’s bridge and tur, which may cause sexual humiliation or shame in the above manner, taken a video image for about 57 seconds against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim F;

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report (the photograph of seized articles, evidentiary materials, requests for digital evidence analysis, replys and results analysis);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

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

1. Taking into account the following factors: (a) the Defendant’s reason for sentencing is against Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order; (b) the Defendant’s primary offender; and (c) the Defendant’

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