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(영문) 광주지방법원 2017.07.21 2017고단2290
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. From June 2016 to August 8, 2016, the Defendant taken video images against the victim’s will in a sexual relation between the Defendant and the victim E (the age of 23) who could cause sexual humiliation or shame by using his handphone camera at his home room of the Defendant, Nam-gu, Gwangju.

2. On November 27, 2016, the Defendant taken video images against the victim’s will in a sexual relationship with the Defendant and the victim G (the age of 23) who could cause sexual humiliation or shame by using his handphone camera in the non-fluence in the Southern-gu Gwangju metropolitan area.

3. On February 28, 2017, the Defendant taken video images against the victim’s sexual intercourses with the Defendant and the victim’s sexual intercourses, which could cause sexual humiliation or shame by using his handphone camera at H at the 1Mos in the light of a new wall.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes on the police statements and statements (second time) to E, and the police statements protocol to G;

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 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 the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Juveniles against Sexual Abuse. The Defendant’s age, family environment and social ties, history, content and motive of the crime, method and consequence of the crime, order to disclose or notify.

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