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(영문) 수원지방법원 여주지원 2015.12.16 2015고단1023

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

1. On June 18, 2015, at around 19:07, the Defendant, while waiting at the right partitions of the “D” female toilets in Ison-si, Leecheon-si, the Defendant taken the process of viewing the victim’s cell phone equipment in which the Defendant, who entered the victim under his/her name, was collected through the partitions space, and could cause sexual humiliation.

2. On July 9, 2015, the Defendant, while waiting at the places specified in paragraph (1) at around 19:00, taken a video image against his/her will in the process of viewing the victim’s use by inserting the cell phone equipment of the Defendant’s cell phone, which the victim E (V) entered, via partitionss at the bottom, and causing a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (in the case of digital analysis data on the seized mobile phone devices, multimedia in the mobile analysis report, and additional crimes of suspects);

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

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related

The defendant's age, occupation, risk of recidivism, motive, method, result, and crime of the crime of this case.