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(영문) 수원지방법원 2017.03.30 2016고단7447
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

1. On September 26, 2016, the Defendant taken a photograph of the victim’s body against his/her will, using a device with a camera function, which could cause sexual humiliation or sense of shame by photographing a short part of the victim’s body, i.e., a female victim who suffered a short buck in the C Station B located in Suwon-si, Suwon-si B, and taking a photograph of the part of the victim’s body, i.e., a short part of the victim’s buckbucks, and a part of the buck in a smartphone that the Defendant was holding by using a video recording function of the smartphone.

2. At around 07:47 September 26, 2016, the Defendant taken a photograph of the victim’s body against his/her will, by taking a photograph of the victim’s body that could cause sexual humiliation or shame by using a mechanical device with a camera function, such as a camera’s photographic recording function of a short-term female victim’s body, such as a bucker, and a bucker’s body part in a smartphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment of a photograph of a seizure and a screen of the suspension of criminal motion images), a presentation document, and an investigation report (in relation to the attachment of such video materials, the video CD in relation thereto);

1. Application of seizure records and statutes concerning the list of seizure;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the Defendant becomes 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 a related agency pursuant to Article 43 of the same Act.

An order of disclosure or notification shall be waived.

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