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(영문) 수원지방법원 2015.04.09 2015고단330
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

1. On October 2014, the Defendant taken photographs of another person’s body that may cause sexual humiliation or shame by photographing the parts, etc. of the cell phone using the camera of the victim’s name unclaimed box, which was 241 finger-gu, Suwon-si, Suwon-si, 201, where the Defendant 241 finger-gu, click click-gu, and click-gu, the Defendant click-gu, in the lower part of the victim’s name unclaimed box, and using the camera of the cell phone.

2. On November 23, 2014, between 23:20 on the same day and 23:25 on the same day, the Defendant taken pictures of another person’s body that could cause sexual humiliation or shame by putting his cell phone into the front part of the victim B (the age of 25) who is going back to the ground from the 1st floor above the entrance of the water source viewing station No. 6, on the part of the victim B (the age of 25) and going back to the ground. The Defendant taken pictures of another person’s body that could cause sexual humiliation or shame by taking the parts of the victim B (the age of 25) using the cell phone camera devices in the upper margin.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. Results of digital evidence analysis and investigation report (digital evidence analysis result);

1. Records of seizure and the list of seizure;

1. Application of evidence, photographs and Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

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

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

1. Taking into account the fact that there is a criminal history of the same kind of crime with the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; considering the fact that the defendant is against the defendant, and that the defendant has no criminal record other than a fine once, the defendant is found guilty of the criminal facts to be reported.

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