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(영문) 광주지방법원 2017.06.02 2016고단6048
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

From around 16:00 on May 19, 2016 to around 16:14, the Defendant installed an USB type camcamer purchased through the Internet site on the front and rear door road of the F high school located in Gwangju Mine-gu, Gwangju. On the same day, the Defendant taken 37 victims of non-name failure on June 9, 2016, as shown in the list of crimes attached hereto, including photographing six victims of non-name failure on the same day.

Accordingly, the defendant taken the body of the victims who could cause a sense of shame by using a camera, against their will.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Police seizure records (voluntary submission);

1. A report on internal investigation (as to camping cam images), a report on investigation (as to the appendix and explanation of camping cams), and a report on investigation (as to the date, time and place of crime, and the analysis of video images);

1. The application of Acts and subordinate statutes to the results of reproduction and viewing of CDs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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) 1 of the Criminal Act to be confiscated;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and 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 (a) of the Act on the Protection of Juveniles against Sexual Abuse is against the defendant’s wrong recognition of the defendant’s fault, and the Defendant’s disadvantage due to the defendant’s age, family environment and social relationship, history, content and motive of the crime, method and consequence of

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