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(영문) 광주지방법원 2017.01.20 2016고단5126
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

On August 28, 2016, around 17:20 on August 28, 2016, the Defendant taken a photograph of the following seven victims of influence in name, waiting for a bus using the Defendant’s smartphone-phone shooting function at the bus stops located in Seo-gu, Seo-gu, Gwangju.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (the details of securing statements and accompanying photographs of damage);

1. Application of the police seizure protocol statutes;

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 an order to disclose or notify information, 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 (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

Sentencing.

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