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(영문) 인천지방법원 부천지원 2018.09.12 2018고단1921
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 29, 2018, at around 09:12, the Defendant, at the direction of the exit of the E Station located in Geumcheon-gu Seoul Metropolitan Government, accessed the victim’s name infinite, who was in possession of the victim’s name infinite, using the 6S mobile phone camera function, taken the victim’s tamp and tacker’s tamp and bridge part on seven occasions.

2. On May 29, 2018, at around 09:13, the Defendant, who was approaching the victim’s name in the direction of the exit exit of the place specified in paragraph (1) from the stairs of the exit direction, taken a photograph of the victim’s turb and the part of the bridge via the victim’s mar, using the victim’s camera function of 6S mobile phone camera function, on two occasions.

Accordingly, the Defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs taken by the person under investigation);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. The main sentence of 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. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects all the mistakes.

There is no criminal history prior to the instant case.

However, the defendant took nine photographs of all women who are unaware of using a special app with the subject of satisfaction of his sexual self-defense.

Criminal quality is bad.

If the victims were to know of the fact of damage, it is highly insulting.

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