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(영문) 수원지방법원 여주지원 2016.05.13 2016고단201

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

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

Reasons

Punishment of the crime

1. On November 20, 2015, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “C main store”) entered a female toilet for the first floor of the building “C” located in Gyeonggi-si B in Echeon-si, 2015, in which the victim D (hereinafter “C main store”) reported the urine, taken the victim’s image by putting the cell phone into the lower part of the screen room where the urine was reported.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) infringed on toilets used by the public for the purpose of meeting sexual desire by photographing women’s uris inculatorys at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Seizure records;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of two 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the accused’s offense of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (obscenity using communications media) even in February 2014.