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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1143
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On January 29, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Seoul Central District Court.

[2] On May 14, 2017, the Defendant: (a) 00:0 on May 14, 2017, when she was melted in North-gu C, and in a toilet located within the main point of “D,” and (b) her body, such as the victim E (influence, 21 years old) and the victim E (in this case, she was able to take the body of the victim E, which may cause sexual humiliations or hums, using his/her cell phone installed in the camera, and tried to take the body against his/her will, such as the victim E’s buckbucks, which may cause sexual humiliations or hums; and (c) taken or attempted to take the body of the victims, such as the victim’s list of crimes, from around 0:10 on the same day to 00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, F (Gain), G, H (Gain) and I;

1. Written statements of J and K;

1. Police seizure records;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 15 and 14(1) (No. 1 and 2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (No. 3, 4, and 5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the choice of each fine;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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