성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. The crime committed on May 24, 2016;
A. On May 24, 2016, the Defendant intruded into the above studio 2 floor in order to photograph another person’s body that may cause sexual humiliation or sense of shame at the cudio in Gwangjin-gu Seoul Special Metropolitan City on May 24, 2016.
B. An attempted violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) was committed by the Defendant by putting the Defendant’s cell phone camera in the same date and place as indicated in the preceding paragraph, and putting the Defendant’s cell phone camera in windows 208, thereby creating sexual humiliation or sense of shameing against his/her will. The Defendant attempted to take the body of the victim D (a person under 28 years of age), which may cause sexual humiliation or sense of shame, and attempted to take the body against his/her will.
2. The crime committed on May 27, 2016;
A. At around 02:40 on May 27, 2016, the Defendant intruded into the above studio 2 floor in order to photograph another person’s body that may cause sexual humiliation or sense of shame at the cudio in Gwangjin-gu Seoul Special Metropolitan City.
B. A criminal attempt to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras”), in the same date and time as indicated in the preceding paragraph, the criminal defendant tried to take the body of the victim D (a person, a person, and a person aged 28) who may collect the defendant’s mobile phone camera from windows 208, thereby causing sexual humiliation or sense of shame, at the same place, against his/her will, and tried to take the victim’s cell phone so as to take the body against his/her will that he/she may cause sexual humiliation or shame
Summary of Evidence
1. The defendant's statement on the second trial date in court;
1. Statement of the police statement concerning D;
1. Each written statement of D and E;
1. Application of the investigation report (CTV verification), CCTV-cap photographs, and CCTV CD-related Acts and subordinate statutes;
1. Relevant provisions of the Act on the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes (the attempted use of camera and other methods), Article 319 of the Criminal Act and the selection of fines for negligence;
1. Articles 26 and 55(1) of the Criminal Act for attempted suspension and mitigation.