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(영문) 부산지방법원 2016.01.20 2015고단7111

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 September 3, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Violence (Violation of Public Place for Sexual Purpose) entered the public toilet for women in public room located in Busan Jin-gu B and 3rd floor of Busan, Busan, in order to photograph the appearance of women to be melted, and intruded into public toilets with a view to meeting their sexual desire.

2. Around 19:35 on the same day, the Defendant taken pictures of another person’s body against the victim’s will by inserting the victim’s cell phone equipment with a camera function, below the toilet partitions where the victim D (the age of 27) reported a meltion, and photographing the victim’s body against the victim’s will, by photographing the body of another person, which may cause a sense of shame, such as her mack, against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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. Where the conviction of the accused on the facts constituting the crime of sexual assault crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is finalized, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result, and seriousness of the crime of this case.