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(영문) 의정부지방법원 고양지원 2017.05.18 2017고단776

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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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. The defendant is a person who operates a traditional marina shop in Thai-gu, Soyang-si, U.S.C. in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing such as a camera, etc.);

No person shall take photographs of another person's body against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

Nevertheless, on September 20, 2016, from 04:19 to 04:21 on the same day, the Defendant used the victim E in a location where the victim E was divingd, and used the video display of the victim’s 6 carry phone (F) owned by the Defendant against the victim’s will to operate the video display of the victim’s 6-on phone (F), and taken the victim’s her tamp for about three minutes.

2. No person who violates the Medical Service Act shall open a massage place for profit-making business without obtaining the recognition of qualifications for massage doctors;

Nevertheless, the Defendant, without obtaining recognition of qualifications for massage companies from around December 2015 to September 20, 2016, established a place of massage practice with the trade name of “H” by employing employees G who are not qualified as massage doctors at the places listed in paragraph (1) from around September 20, 2016, and, on September 20, 2016, established a place of massage operation without obtaining recognition of qualifications for massage companies for profit-making purposes by having G receive KRW 40,00 won of massage expenses from E who are guest members and let G take the place of massage operation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police for E;

1. A copy of the monthly rent contract for marina area, or the business registration certificate for marina area;

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

1. Article 14(1) of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Punishment, etc. of Sexual Crimes Aggravated Punishment Act (hereinafter referred to as the “Act”), the former Medical Service Act (No. 14438, Dec. 20, 2016).