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(영문) 대구지방법원 포항지원 2016.05.12 2016고단178

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, while holding office in Sposi-gu C, was able to take the strings of female toilets at that place, installed a macker camera in female toilets, purchased 240,000 won on the Internet with 240,000 won and installed a camera in the gap of toilet windows on December 14, 2015. On December 12:37, 2015, the Defendant taken a strings of the victim D (the age of 30).

Accordingly, the defendant taken pictures against his will another person's body who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Police seizure records;

1. Super-small camera photographs;

1. Application of Acts and subordinate statutes to each investigation report (the details of prosecutor's command);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: (a) the Defendant committed the instant crime in a planned manner by purchasing a super-small camera and installing and photographing it in a female toilet, etc.; (b) the Defendant committed a considerable mental impulse with the victim; (c) the Defendant was aware of installation on the day the camera was installed on the day the camera was installed; (d) the damage was not extended; (c) the photograph taken is deemed not to have been distributed externally; (d) the photograph taken is deemed not to have been distributed externally; (e) the Defendant’s mistake is against the Defendant; and (e) the Defendant was found guilty of the facts stated in the judgment on the sex offense subject to registration and submission of personal information.