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(영문) 수원지방법원 2018.05.03 2018고단398

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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 November 13, 2017, the Defendant infringed on a structure, which entered the “C” female toilets located in Suwon-si, Suwon-si, Suwon-si, G, and intrudes into the structure that is managed by the administrator in order to photograph the melted women.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On October 19, 2017, the Defendant, on October 19, 2017, taken video images in a toilet located in a non-fluent place at a flood level not exceeding KRW 20:59, Oct. 19, 2017, in which the Defendant’s cell phone (Evidence No. 1) of the Defendant’s mobile phone was stored in the partitions, and the Defendant’s cell phone (Evidence No. 1) was sealed.

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

B. On November 13, 2017, the Defendant, at the date, time, place, and place under the above paragraph (1) of this Article, taken video images of the Defendant’s cell phone in which the victim D (man, her her son) was exposed to this mar from the side side side column by inserting the cell phone of the Defendant, thereby exposing his mar.

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 made by the police against D;

1. Police seizure records;

1. Investigation Report- Compilation of the type of crime, analysis of digital evidence, application of the Acts and subordinate statutes of the production of CDs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14(1) (a) (a point of taking photographs, such as a camera), Article 319(1) (a) (a point of intrusion on a structure) of the Criminal Act, and the choice of fines;

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

1. The order of provisional payment;