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Reasons
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(영문) 광주지방법원 2016.07.01 2016고단653
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. The Defendant, on September 23, 2015, taken a photograph of sexual intercourse from the victim E (V, 25 years of age, 25 years of age) to the head of the household in Seo-gu, Gwangju, Seo-gu, and the officetel of the Defendant residing in Seo-gu, 1408 on September 23, 2015.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. Around September 27, 2015, the Defendant, who committed the crime of Sep. 27, 2015, taken pictures of sexual intercourses from the victim’s body to the campaign coconsor installed at the time of the victim’s death, as an officetel located in the Defendant’s residence around September 23, 2015.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police in each protocol against the victim;

1. Application of respective visual Acts and subordinate statutes in relation to photographs and F message photographs by cutting down a multiple-facoscopic images;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a judgment of conviction on a sex crime subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The reasons for sentencing, the relationship between the defendant and the victim, and the victim.

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