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(영문) 수원지방법원 평택지원 2019.02.15 2018고단1605
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

"2018 Highest 1605"

1. The Defendant, at around 07:40 on April 13, 2018, taken photographs against his/her will of another person’s body, such as his/her body, including but not limited to turbane, which is the victim waiting for the bus, using a camera function of his/her usual cell phone, in front of the bus stop located in Ssung B, and taken photographs against his/her will, from around that time to April 21:15, 2018, using a camera or other similar device with a similar function, such as the list of crimes, at least six times in total.

"2018 Highest 2186"

2. On July 28, 2018, around 11:44, the Defendant: (a) sought to take photographs of the victim’s spawn by using a smartphone owned by the Defendant, which was approaching the victim after the victim E (the victim’s name, leisure, 22 years of age) and was spawn in the Manan-gu Mang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Ma

Summary of Evidence

"2018 Highest 1605"

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Revolving the results of digital evidence analysis;

1. "CCTV investigation" in 2018 Highest 2186;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Sexual Crimes Punishment Act”), Articles 15 and 14(1) of the former Sexual Violence Punishment Act (amended by Act No. 15977, Dec. 18, 201); the selection of fines for respective charges

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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