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(영문) 광주지방법원 순천지원 2016.11.30 2016고단1458

성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)등

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Around May 7, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence in public places) entered the above female toilets to take a image of female toilets in front of public toilets located in B at the time of influence and management in C Park at the time of influence.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) entered a female toilet as mentioned in paragraph (1) at the same time and at the same time, when waiting for women who enter the above female toilet, the victim D (name, leisure, 18 years old) entered the front side of the given female toilet, and the Defendant’s LGV10 cell phone with a camera function inside the camera function without the victim’s consent was stored below the first side section, and tried to photograph the victim. However, the victim did not photograph the victim and fled the victim out of the wind.

As a result, the Defendant tried to take photographs of the body of the victim who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will, but did not commit such intent.

Summary of Evidence

Defendant’s legal statement

D Application of the seizure protocol of a copy D of the integrated support center for victims of sexual assault against D, the site photographs using the seizure list, the field pictures and the field pictures investigation report(s) laws and regulations

1. Articles 15, 14 (1) (a) and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (a point where a camera is attempted to take photographs), the selection of fines for crimes;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70(1) and 69(2)4.