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Reasons
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(영문) 인천지방법원 2013.10.30 2013고단5256
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 29, 2013, the Defendant took a video image of the body of the victim, who was off his clothes against the victim D(V), who had an internal relationship with the Defendant, using the cell phone function of the Defendant’s cellular phone in a Mono room where the location of the Defendant cannot be known at around 19:48 on January 29, 2013.

2. Around February 28, 2013, the Defendant took a video image of the part of the victim, who was in a relationship with the Defendant, by using the cell phone function of the Defendant in a Mostour room where the location cannot be known at around 00:24 to 00:26, on February 28, 2013, in response to the victim’s intent under paragraph (1).

Accordingly, the defendant taken two times against his will another person's body, which could cause sexual humiliation or shame by using a mechanical device similar to a camera.

Summary of Evidence

1. Defendant's legal statement;

1. The photograph of the victim extracted from the seized USB;

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

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to registration of personal information under Article 48(1) of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, result and seriousness of crime, disclosure order or notification order shall be the defendant's age, occupation, risk of recidivism.

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