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(영문) 광주지방법원 2017.06.16 2017고단1709
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On January 7, 2017, around 07:30, the Defendant tried to take a screen image of the Defendant’s portable phone (opon 5S) by inserting the Defendant’s portable phone (opon 5S) in a cresh between the victim F (M, 25 years of age) and the victim’s portable phone (opon 25S) from a male and female common toilet located in Gwangju-gu, Seo-gu, Gwangju-gu, and tried to take a screen image, but did not come to the wind that the victim is dismissed.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame against his will and attempted to take the victim's body against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Seven copies of a photograph of the scene of crime, Handphone, and photograph of the place of crime;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Article 15 and 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. Article 16 (2) 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 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso 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. (b) the Defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, and the effect of the protection of the victim, there are special circumstances where personal information may not be disclosed or notified.

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