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(영문) 수원지방법원 성남지원 2014.04.09 2014고단270
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On December 16, 2013, the Defendant, located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City on December 22:2:26, 2013, “C cafeteria,” using the Defendant’s mobile phone image shooting function, taken the image of which the female victim in the name is viewed as having her mouthd and her part exposed to her mouth and her part.

B. On December 17, 2013, the Defendant, at the above place, taken the image of the female victim who was incompetuated in his name in the above manner as seen above.

C. On December 21, 2013, around 00:18, the Defendant, at the above place, taken the image in which the female victim, who was unaware of his name, was deemed to have a defense against the said female victim.

On December 21, 2013, the Defendant taken the image in which the female victim in the name in the above method sees the defense in the above manner at the above place.

Accordingly, the defendant taken four times the body of victims who could cause sexual humiliation or sexual humiliation against their will.

2. On December 26, 2013, the Defendant attempted to take the victim’s body against the female’s will by taking advantage of the Defendant’s mobile phone recording function at the public toilets of the first floor of the building in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, about December 26, 2013, the Defendant attempted to take the victim’s body, which may cause the said mobile phone to be pushed off and sexual humiliation or sense of sexual shame, on the ground that the partitions of the victim E (the age of 19) reported melting the Defendant’s cell. However, the Defendant failed to take the victim’s body against the victim’s will and failed to take the victim’s right away from the victim’s friendship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (investigative records 42,75 pages);

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of possession of cameras, etc.) and Article 14(1) of the same Act concerning criminal facts and the selection of punishment;

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