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Reasons
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(영문) 인천지방법원 2014.12.04 2014고단7139
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

1. On August 11, 2014, at around 12:59, the Defendant discovered a short-term female who was a part of the Yeonsu-gu Incheon, Yeonsu-gu, and extracted a mobile phone possessed by the Defendant under the left part of the women, and took a photograph of a female fright by using a mobile phone image recording function.

2. On August 13, 2014, at around 14:23, the Defendant discovered the nameless female who was short of a single package in Yeonsu-gu Incheon, Yeonsu-gu, and extracted the mobile phone possessed by the Defendant under the left part of the women, and took a photograph of the fright of the female by using the recording function of the mobile phone.

3. On August 20, 2014, at around 11:13, the Defendant, at the entrance of the Yeonsu-gu Incheon Metropolitan City film theater, took a fat in front of the entrance of the movie theater of the D 8th floor E (at the age of 21) and took a fat of E, using the cresh in which E (at the age of 21) took a fat and took a fat of the mobile phone where the Defendant was under his/her possession, and taken a fat of E using the mobile phone recording function.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation over three times, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to suspect photographs, victims' photographs and reports on the analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not good, and the mental impulse suffered by the victim is serious, and measures to recover damage are also taken.

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