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(영문) 서울북부지방법원 2015.08.06 2015고단1764

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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

1. On January 28, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) entered a female toilet with the aim of gathering sound from women in the first floor of the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, about 00, and resolving sexual impulses, such as photographing the studio or photographing the studio.

Accordingly, the defendant invadedd his sexual desire at public places to satisfy his own sexual desire.

2. The Defendant attempted to take screen pictures of the victim D (Woo 19 years old), who had a body of the victim D (Woo 19 years old), in the time, place under the preceding paragraph, and adjacent partitions due to the gap in the toiletss, but attempted to take screen pictures of the victim D (Woo 4 years old) with a smartphone camera, but did so with the wind that misleads the direction of the camera, at the time and place under the preceding paragraph.

Accordingly, the defendant tried to take the body of the victim who could cause a sense of sexual shame by using a camera, against his will, and attempted to take the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted photographing and the Selection of Fines);

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime in the market is aggregated);

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 of Sexual Crimes Committed to Order;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence is to be determined based on the following factors: (a) the Defendant’s age, occupation, character and conduct, living environment, etc.; and (b) the sentence is to be committed.