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(영문) 수원지방법원 2014.11.18 2014고단4835

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

At around 23:00 on August 8, 2014, the Defendant, at the shower room of the C hotel dormitory located in Young-gu, Suwon-si, Suwon-si, the Defendant: (a) installed a opphone 4 in a bath room with a video recording function to take a shower by the victim D (at the age of 32) in a bath room; (b) taken the victim’s known body in a video screen; and (c) taken the victim’s body in the same way from March 1, 2014 to August 8, 2014 using a opphone 4 in total nine times, such as the list of crimes in the attached Form.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Seizure records;

1. Application of the photographic image Acts and subordinate statutes after each closure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant taken the body of the workplace rent, which the Defendant saw in the shower room of his/her workplace dormitory, and taken several times for a short period of time, and the nature and circumstances of the crime are not good.

However, since the beginning of the investigation, the defendant recognized the crime in a net manner, and divided the errors, seems to not distribute the photograph of this case in any other place, the victim's punishment is not applied, the defendant retired from his workplace due to the case, the fact that the defendant was the first offender, etc., shall be considered as favorable circumstances, and the age, character, character, environment, and environment of the defendant.