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(영문) 창원지방법원 2019.07.24 2019고단620

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On November 10, 2018, at around 00:53, the Defendant tried to photograph the smartphone in Samsung Ggalle, which has a camera function used by the Defendant in the male partitions of male and female public toilets in Kimhae-si, Kim Jong-si on November 10, 2018.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on internal investigation (Listening to the Eline Statement of Witnesses);

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Article 15 and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of fines on criminal facts;

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

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

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant recognizes all of the crimes in this case; the crime is attempted; the defendant has no record of the same kind of crime; the defendant committed such crimes without being among persons during the period of suspended execution of the crime; and the defendant has committed such crimes; and the punishment shall be determined as ordered by taking into comprehensive account the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances

If a conviction on a crime subject to registration becomes final and conclusive in the judgment on a sex crime subject to registration, the accused shall be subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information in accordance with Article 43