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(영문) 춘천지방법원 2017.01.10 2016고단1017
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who served as C University English education and teaching assistants from around 2004 to around 2008 and from around 2010 to July 19, 2016.

1. On June 29, 2016, around 16:21, the Defendant, at the C University English education in Switzerland, and at the top of the lines under the computer books used by the students working in the office of the department, taken video images of the victim D (n, 22 years old) in a way that all of the students were set up in the English education course in which the Defendant was constantly managed by the Defendant, and a digital camping cocoin was set up, and then all of the students were used.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. On June 29, 2016, around 16:42, at the same place as Paragraph 1, at the same time as Paragraph 1, the Defendant took a video image of the victim F, using the victim F (n, 23 years of age), the English language education and the digital camping copis managed by the Defendant in the manner as Paragraph 1.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G (tentative name) and H (tentative name);

1. A written statement of I;

1. Application of Acts and subordinate statutes to a criminal investigation report (camcos analysis, etc.), a digital camping camcos to capture images;

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. 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the victims feel a considerable sense of sexual humiliation and suffered unexpected mental pain due to the instant crime.

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