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(영문) 창원지방법원 진주지원 2013.10.10 2013고단977

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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

1. On March 9, 2013, around 02:50 on March 9, 2013, the Defendant intruded into the first female toilets of the building B in Jinju-si, Jinju-si, and opened the partitions where two sides are installed, and the Defendant’s cell phone device inside the camera was laid up in the lower part of the wall connected to the front section of the right side of the Defendant’s cell phone device connected immediately adjacent to the front section, and taken a dynamic image of the victim C’s her her her her her her her her her her her her her her her her

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On March 9, 2013: (a) around 03:00 on March 9, 2013, the Defendant re-entered the places specified in paragraph (1) into the partitions where two sides are installed; (b) laid the Defendant’s cell phone device installed in the camera, and laid the Defendant’s cell phone device inside the camera into the lower part of the wall connected to the front section of the front section of the victim’s cell phone device immediately adjacent to the front section, and taken a video image of the victim’s son’s son’s son, who reported the urine at that place.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, E, and F;

1. Records of seizure and the list;

1. Application of each statute on photographs;

1. Article 319 (1) of the Criminal Act (the point of entering each building) and Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) concerning the facts constituting an offense (the point of taking photographs of a camera used by each body);

1. Selection of each of the selective fines for punishment (the fact that the defendant repents his mistake as the initial offender in depth, and other sentencing conditions shown in the records, such as the defendant's age, character and conduct, and environment, shall be taken into consideration);

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. The order of provisional payment;