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(영문) 수원지방법원 2016.06.02 2016고단1353

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

On January 22, 2016, the Defendant intruded with the purpose of meeting his/her sexual desire on a female toilet of the first floor of the department store C located in Chungcheongnam-si, B on January 13:35, 2016, and then took a blurgical photographed by using the mobile phone camera function owned by the Defendant to view the victim D (V, 47 years of age) and 47 years of age using the mobile phone camera function.

Accordingly, the defendant intrudes on female toilets with a view to meeting his own sexual desire, and photographs the victim who sees the side by using the defendant's cell phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of seizure records and statutes concerning the list of seizure;

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

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, in light of the contents and methods of the instant crime, etc., the nature of the crime is inferior, and the fact that the Defendant did not receive a letter from the injured party is contrary to the circumstances unfavorable to the Defendant, the Defendant’s mistake is recognized, and the fact that there was no record of punishment for the same kind of crime prior to the instant case, shall be considered as favorable circumstances, and all the sentencing conditions indicated in the record and change theory, such as the Defendant’s age, sexual behavior, family relation, etc., shall be comprehensively considered, and the sentence is ordered as ordered

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction on each crime is finalized on the judgment that is a sex offense subject to registration and submission of personal information.