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(영문) 수원지방법원 안양지원 2015.07.03 2015고단598

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 01:45 on January 1, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an act of intrusioning a public place with sexual objectives) entered the front section of a women’s toilet at the first floor of the DD building in Ansan-si in order to see women who are viewed to be melted by using their smartphone photographing photographing functions.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), established his/her smartphone as a photographic function to photograph the body of the victim E (at the age of 18), who is deemed to be melted at the same time and place as described in paragraph (1), against his/her will, and tried to photograph the body of the victim E (at the age of 18) with his/her smartphone, and the victim tried to do so, but the victim did so with an attempted fishingphone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes governing female toilets photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take camera photographs) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act seems to have a great mental shockion of the victim for sentencing, but it appears that the victim's primary crime is committed, a part of the crime is committed, the victim's attempted crime, the fact that the victim received a letter from the victim, the fact that the family is leading, the fact that the family is leading, the age of the defendant, etc., and the decision is made as shown in the Disposition. The conviction of the defendant who registered personal information is finalized.