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(영문) 청주지방법원 2017.07.12 2017고단475

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant discovered that the victim G (n, 24 years old) who is the student of E University F4 Women's G (n, 24 years old) in front of the E University F4 Women's toilet in Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, entered the toilet, performed a video function of a smartphone for the purpose of photographing the victim's melting the melting appearance, and entered the victim's back to the female toilet, followed the victim's back to the female toilet, and then taken a video image of the victim's melting the melting section.

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

Summary of Evidence

The application of reporting statutes to the defendant's legal statement G of the police's statement records and the results of digital evidence analysis of seizure list

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

4. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order E University Students with the reasons for sentencing, and the Defendant’s criminal liability taken by Handphones of the same kind and motive in the school toilets is not exceptionally against those of the University students.

The victim seems to have a big mental impulse due to the defendant's crime, and the defendant's punishment is sought.

However, it is advantageous to the fact that the defendant's mistake is against the law, and that the defendant's parents, including the defendant, try to commit the crime against the victim even though they refused to receive the victim, and that the defendant is the first offender who is not subject to criminal punishment.