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(영문) 서울북부지방법원 2017.05.25 2016고단5274

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 1, 2016, at around 02:04, the Defendant: (a) in the balcony of the second floor in Seongbuk-gu, Seoul, the second floor of the D, through the toilet window of 205, installed on the right side of balcony, the Defendant used the shower of the victim E (n.e., the 22 years of age, the name of the person) to take the shower image of the victim; (b) was carried out to take the shower image of the victim; and (c) had the screen screen installed on the cell phone of the mobile phone of 6 mobile phone; and (d) had the camera screen of the mobile phone of the mobile phone of this case. However, the Defendant was not able to find the victim of the mobile phone of which the victim discovered the shower and closed the toilet window.

As a result, the Defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (related to whether or not the inside of the body of the victim, such as the body of the wall of the body of the victim, etc. at the second floor, which is the scene of the crime taken by the victim), photographs and videos of the crime scene;

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 and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism, profits and preventive effects expected from the disclosure order and notification order of this case, and disadvantages and disadvantages therefrom.