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(영문) 청주지방법원 2018.04.11 2017고단2616
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, who had taught with the victim B (the name of the victim, the age of 27) and the past, had set up the so-called Mamera at the victim's house to peep the victim's privacy.

1. On July 4, 2017, the Defendant invadedd the residence of the victim by opening a entrance that was not corrected by the cresh outside the entrance of the victim, before the house of the former female-friendly female-gu victim B (the name, fluor, 27 years old) (the name, fluor, 27 years old) located in the Seo-gu Seoul Metropolitan City Office Office Officetel, Chungcheongnam-gu, and entering the entrance.

2. The Defendant, at the same time and at the same place as paragraph 1, carried out the victim’s house, such as paragraph 1, and opened a gallon 2 smartphone 3 smartphone 2 smartphone 2 smartphone string the windows of the living room on the wall and then fixed it by using tape on the wall, and then, carried out a dynamic video photograph d’, installed on the above smartphone, and taken a photograph of the victim’s clothes.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning the facts constituting an offense, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes According to the Selection of Sexual Crimes (the point of taking pictures, such as carmeras), Article 319(1) of the Criminal Act (the point of intrusion upon residence), and the selection of fines;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children and juveniles.

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