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(영문) 수원지방법원 2017.12.14 2017고단5926

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 July 21, 2017, the Defendant invadedd a structure, even though there were five floors of the building where the victim C works for the victim C, who was located in the Gaung-gu, Young-gu, Young-si, G, and there was a separate distinction between men and women, the Defendant entered a female toilet and intruded the victim’s structure.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) taken pictures of the victim D (the 29 years old), which included the cell phone with the camera functions in the above date and at the above place, in partitions, and reported melting sides (the tentative name, the cryp, and the 29 years old).

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. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A report on investigation (specific suspect), a report on investigation (CCTV investigation), and a photograph of CCTV images additionally installed on the spot;

1. 112 Reporting case handling table;

1. Application of the list of seizure and the statute verifying seizure;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of intrusion on buildings), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using and photographing a camera, etc.), the selection of fines for crimes;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the aggravated punishment for concurrent crimes, such as carmers) ;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. When a conviction on a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the crimes in the instant case subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is finalized, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and such personal information is subject to registration under Article 43 of the same Act.