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(영문) 수원지방법원 안양지원 2021.02.03 2020고단1812

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

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

Reasons

Punishment of the crime

1. Around June 12, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) infringed on a toilet with a view to meeting the sexual desire of a female toilet in order to see the appearance of the victim DNA (a name, leisure, 37 years old) using toilets in Osan-si B and C around 12:00, in order to take a brush of the appearance of the victim D (a name, leisure, 37 years old) using toilets.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) the Defendant: (a) opened the Defendant’s mobile phone outside the first column of the above female toilet at the time specified in paragraph (1); (b) opened the Defendant’s mobile phone to the above section, and (c) opened the Defendant’s mobile phone to the above section, and taken the shape of the Defendant’s mobile phone to boom and clothes

Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

1. Relevant provisions 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, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places used for public use by sexual purposes), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of 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. Where a conviction becomes final and conclusive on the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant shall obtain personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.