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Reasons
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(영문) 인천지방법원 2016.05.19 2016고단1445
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 2015, the Defendant reported the victim C (n, 22 years of age) in the south-gu, Incheon Metropolitan City on the street, and asked the victim C to be informed of contact information, and became aware of it, and then came to know about about about one-month teaching system with the victim.

1. On July 10, 2015, the Defendant, on July 10, 2015, took pictures of the victim’s photographed with a cell phone camera in Samsung Gallon-dong, Namdong-gu, Incheon on July 10, 2015.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera against his will.

2. On July 12, 2015, the Defendant, on July 12, 2015, taken photographs, etc. of the victim, who was locked by using a mobile phone camera in Samsung Gallon in the case of Samsung Gallon-gu 511, Nam-gu, Incheon, Nam-gu, Incheon, taking pictures of the victim’s body, who was locked with the victim’s photograph and balp.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera against his will.

3. On July 17, 2015, the Defendant, on July 17, 2015, taken a photograph of the victim’s photograph, who dtel 511 of Samsung Gallon, using a mobile phone camera at the Defendant’s house located in Nam-gu Incheon, Nam-gu, Incheon, Seoul, taking a photo, etc. of the victim, who was locked with her body, with his/her clothes stored in the cell phone block.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of the Acts and subordinate statutes to output female photographs not submitted to the victim;

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 aggravated Criminal Act for concurrent crimes.

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