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(영문) 인천지방법원 부천지원 2013.09.25 2013고단2252

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 24, 2013, at around 11:35, the Defendant taken a photograph of the victim C (the age of 23) who tried to look back from the female toilets next to the Defendant by inserting the cell phone from the ‘public toilets of the 3rd floor in Bupyeong-gu, Seocheon-gu, Seocheon-si B’ as a video circuit, with the screen used by himself as a video circuit.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Prior to the amendment by Act No. 11556, Dec. 18, 2012;

(a) The same shall apply;

Article 13(1) (Selection of Fines);

1. Articles 70 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 before order to complete program;

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

1. Where a conviction becomes final and conclusive on the crime subject to the registration of personal information under Article 334 (1) of the Criminal Procedure Act, the accused is 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 competent agency pursuant to Article 43 of the same Act;

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Protection of Children and Juveniles against Sexual Abuse.