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(영문) 광주지방법원 목포지원 2015.04.17 2014고단1929
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 20, 2014, around 08:55, the Defendant taken the victim C (Woo, 16 years old), D (Woo, 18 years old) chests, and legs of the victim using the cell phone of the Defendant located in the home pluger in the vicinity of the home pluger 313, Sinpo City, 313.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of C and D;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (to select a fine and determine the amount of fine in consideration of the fact that the defendant seems to be against his/her wrong recognition, the contents recorded are relatively not much severe than the degree of shameing, and the defendant has past record of being sentenced to a fine once for the same kind of crime);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Personal information shall not be disclosed in light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved due to such order, the protection effect of the victim, etc.

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