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(영문) 광주지방법원 2017.02.17 2016고단5664
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

The Defendant was aware of the victim B (the family name, the female, the age of 29) and about five years prior to the beginning of the school system from July 2016, but came to be hedging around September 201 of the same year.

1. On July 2016, the Defendant: (a) took photographs using handphones with the victim’s bat, the chest part of the chest, and the chest part of the chest part of the breast-gu, Gwangju; (b) taken her bat at the victim’s batum room room room located in Gwangju-gu; and (c) taken her bat at the victim’s bat; and (d) taken her bat.

2. On August 2016, the Defendant, who committed the crime of unsatisfying on August 2016, 2016, was exempted from all clothes at the Defendant’s home of Gwangju Northern-gu 101, 1501, and 1501, using handphones with the face of a sexual relationship with the victim, which have a camera function.

3. On September 23, 2016, the Defendant posted three times a photograph of the victim, such as the victim’s chest, her son, her son, etc. taken as shown in paragraph 1, on the ground that the victim she was not present at the place prescribed in paragraph 2 around September 23, 2016, around 02:00, on September 23, 2016.

4. On October 6, 2016, the Defendant posted his/her photograph, such as the victim’s chest, am, etc. taken as stated in paragraph (1) on the Defendant’s screen on the ground that the victim was not present at the place prescribed in paragraph (2) around October 18:00, around October 6, 2016.

Accordingly, the Defendant taken twice the body of another person, which may cause sexual humiliation or shame, using a camera or similar mechanism, against his will, and had taken two or more pictures of another person, and had taken two or more pictures in public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. Application of Acts and subordinate statutes to the contents of giving and receiving photographs and messages after the closure of a course;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. for Sexual Crimes, which are applicable to the crimes, shall be selected.

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