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(영문) 수원지방법원 성남지원 2016.12.09 2016고단2938
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 19, 2016, at around 22:16, the Defendant, within the partitions No. 6-4 square meters, along the 1229 square meters in Sungnam-si, Sungnam-si, reported the victim D on the left side of the subway No. 6-4, and taken the part of the victim’s panty pande part by using the Defendant’s galthothoththr shooting function of a camera 3 smartphonephones in a galthothic thalthothic of the Defendant’s bridge.

In addition, on December 24, 2015, from around 09:25 to May 22:16, 2016, the Defendant taken pictures of another person’s body against his will that could cause sexual humiliation or shame by photographing the panty part of the victims’ cell phone cameras over a total of 10 times, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement;

1. Application of seizure records, digital evidence analysis reply data, and each photographic statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment (the sentence shall be selected by taking into consideration the agreement with the victim D, the confession and reflect of the crime, the primary offender, etc., but the amount of the fine shall be determined in consideration of the frequency, period, etc. of taking photographs);

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. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same

The defendant's age, occupation, and exemption from the disclosure order and notification order.

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