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(영문) 수원지방법원 여주지원 2014.11.03 2014고단654

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The Defendant, as a person working at “C” in Singju City B, was willing to take pictures against his will, by purchasing screen pictures (6cm x 2cm, storage capacity 16G) on the Internet, that may cause sexual humiliation or shame.

1. In May 2014, the Defendant, from around 10:00 to around 11:00 in the second column of E Women’s Toilets located in W, laid up a small camera in front of a stop line, and covered the said camera with the cremation paper, and photographs the sex organs, etc. of unspecified women who view the urine from the toilet by drilling the mouth at a string place.

2. On May 23, 2014, from around May 23, 2014 to around October 30 of the same month, the Defendant installed a small camera purchased in the space between urinals and covers, and taken pictures of the aforementioned “C”’s female employees and the sexual flag of an unspecified female visiting the said company.

3. 피고인은 2014. 5. 중순경 위 ‘C’ 사무실에서, 위 회사를 방문한 성명불상의 여성이 치마를 입은 것을 발견하고 위와 같이 구입한 소형 카메라를 손으로 잡아 바닥에 떨어진 볼펜을 줍는 시늉을 하면서 위 여성의 치마 속을 약 17초간 촬영하였다.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame as above, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. Statement of the police statement concerning F;

1. Application of the respective laws and regulations of G, H, I and J

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

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

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