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(영문) 수원지방법원 안양지원 2019.05.29 2019고단352
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 July 29, 2018, the Defendant partially revised the facts charged to the extent that it does not materially disadvantage the Defendant’s exercise of the right of defense. Around July 29, 2018, at around 20:35, the Defendant visited D, an Internet obscene material site, and posted a photograph of “G” under the title “E”, using the “E” bulletin board.

Ultimately, the Defendant displayed a photograph taken by using a camera, etc., of another person’s body, which might cause sexual humiliation or shame, openly against his will.

2. On September 10, 2018, the Defendant, at the bus, taken a photo of the female who suffered damage to his/her name-free female seated, seated in the bus seat, and opened a cell phone. On September 11, 2018, the Defendant visited the site described in paragraph 1 at the place described in paragraph 1 at the site described in paragraph 1, and posted the above photograph as “H” using the “E” bulletin board as the title “H” with the words “H”, stating that “I” is too long-standing but too interested.

Ultimately, the Defendant taken photographs of another person’s body, which may cause sexual humiliation or shame, using a camera, etc., and displayed photographs openly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing evidential materials;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply) applicable to criminal facts and Article 14 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply), Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc.

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. Order to complete a program;

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