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(영문) 수원지방법원 2018.10.11 2018고단4144
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 May 21, 2018, at around 18:20, the Defendant: (a) extracted the joints of “C Burial” on the second floor of “C Burial,” such as the creation of a sports chemical composition, etc. coming from the air, and collected S3 mobile phones from Samsung Gallon, thereby facing the string of the aforementioned mobile phone camera by inserting S3 mobile phones into the said sports unit; (b) downloading the string of the said cell camera into the hole; and (c) took the string of the victim D (n, 36 years of age) who sought an object at the said site, the Defendant taken the said sports unit so that the body body of the victim can be taken by the victim through the said camerae.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Application of investigation report (for the seized suspect's video analysis case), victim photographs stored in the cell phone screen image, suspect cell phone image CD-related Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. When a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 3 of the Addenda of the same Act (amended by Act No. 15352, Jan. 16, 2018), becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to

The defendant's age, occupation, and exemption from the disclosure order or notification order;

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