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(영문) 광주지방법원 순천지원 2015.12.11 2015고단1752

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 21, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) reported on August 15, 2015 that the victim B (the age 21) entered the toilet at the 3 female toilets at the Ginam University University, Gi-nam University, which was located in 50 universities, and entered the toilet at the 50th female toilet at the Ginam University, and followed the victim to take the form of a mobile phone camera in which the victim reported on the use of the toilet.

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

2. The Defendant took a photograph of the victim’s body against his will, on the date and at the place specified in paragraph (1), of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as a “Camer, etc.”) by inserting smartphones from which the victim has melted, under the partitions where the victim has melted, thereby causing a sense of sexual shame;

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on screen pictures following a CCTV closure;

1. Articles 14 (1) and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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. Where a conviction on a sex crime subject to registration under Article 48(1)1 of the Criminal Act becomes final and conclusive, the accused 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of crime, disclosure order or notification order shall be disadvantageous to the defendant.