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(영문) 수원지방법원 2018.04.19 2018고단16
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. At around 02:45 on August 16, 2014, the Defendant taken four times the victim’s chests, knex, etc. using mobile phones with the victim’s lamera function, knife, knife, knife, knife, knife, etc., with the victim’s knife, knife, knife, knife, etc.

2. On July 16, 2017, the Defendant taken 20 times the victim’s chest, her her son, her son, her knife, and her knife, using smartphone (Evidence No. 2) with the victim’s knife, her knife, her knife, her knife, and her knife, her knife, her knife, etc.

3. On July 16, 2017, around 06:04, the Defendant posted two copies of the photographs described in paragraph (2) as the title “inward lying on the Internet site at the convenience point” on G, a website using a mobile phone at the above place.

As a result, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, and openly displayed the pictures, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police search and inspection warrants;

1. Reporting on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to report internal investigation (the details of report and appendix of photographs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of fines, respectively, for crimes (the use of a camera and others and the display of photographs

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Inter-sections of violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, as shown in the Judgment No. 3);

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Registration and submission of the personal information of Article 334(1) of the Criminal Procedure Act, which is subject to provisional payment order;

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