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(영문) 수원지방법원 안양지원 2014.10.17 2014고단981
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 March 31, 2014, around 08:37, the Defendant taken a photograph of the part of a female victim’s pathal bridge, where it is impossible to identify the identity of a female victim who was suffering from the mallon in Myanmar by using his/her cellular phone (S3) gallon function, at an open-gu Esplate located in 230, the Mayang-si, Manyang-si, Mayang-si, Mayang-si, Mayang-si.

2. At around 08:50 on April 1, 2014, the Defendant, at the same place as indicated in paragraph (1), taken a photograph of the fat of the female victim’s fat bridge and fat, where it is difficult to identify the identity of the fat in which he/she was suffering from the fat, using his/her cellular phone cat, against his/her will.

3. On April 2, 2014, around 18:29, the Defendant taken a photograph of the part of a female victim’s bridge against his/her will, where it is difficult to identify the identity of the lucker using his/her cell phone clock function from the subway platform of the Ansan Station set forth in paragraph (1).

4. The Defendant, at the same time and time as described in paragraph 3, taken a photograph of the parts of the bridge of a female victim, whose identity cannot be known, using his/her cell phone campcos function in the subway platform located in the subway station at the same time and time, against his/her will.

5. On April 3, 2014, at the same place as indicated in paragraph (1), the Defendant taken a photograph of the parts of the bridge of a female victim, where it is impracticable to identify the identity of the female victim suffering from scambling with his/her cellphone function using his/her cell phone camcos at the same place as indicated in paragraph (1) against her will.

Summary of Evidence

1. Defendant's legal statement;

1. Deficial images of the Defendant’s cell phone storage cell phone images;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions concerning criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the choice of punishment is made, and the selection of fines (see, e.g., Supreme Court Decision 200Do141, Apr. 1, 20

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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