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(영문) 서울동부지방법원 2014.06.13 2014고단140

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around September 2013, the Defendant, on the wall surface of a carpet toilets in Gangnam-gu Seoul, where the trade name in Gangnam-gu Seoul is unknown, installed a brumera, which is located as electricity location, and taken photographs against his/her will by one male, female, and 10 female, who found the toilets.

The Defendant taken the body of 11 victims, who may cause sexual humiliation or shame, against their will, using the camera.

2. On October 16, 2013, the Defendant: (a) around October 16, 2013, an unspecified number of women, who installed a brush in the ceiling of a female-use toilet in the sixth floor of Songpa-gu Seoul Metropolitan building, and found the toilets, attempted to photograph a brush to view the toilets; (b) however, the Defendant did not properly attach the said brush and did not actually take a brush away from the floor.

As above, the Defendant attempted to photograph the body of unspecified victims who could cause sexual humiliation or shame by using carmeras, but did not have the intent to remove the body from the floor and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on analysis of digital evidence, and photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. The crime of this case on the grounds of sentencing of Article 48(1) of the Confiscation Criminal Act is committed by the defendant taking or attempted the body of many victims who may cause sexual humiliation or shameing by installing Mameras in the toilet.