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(영문) 수원지방법원 안양지원 2021.03.24 2020고단2518
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) the Defendant entered the said toilet with a view to photographing the women’s appearance in the first floor of B building in Ansan-si around 00:30 on September 25, 2019.

Accordingly, the defendant intrudes on women's toilets, which are used by many unspecified people, for the purpose of meeting his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) recorded the shape of the victim C (Woo, 23 years old, and household name) using a cell phone with the Defendant’s cellular phone with a camera function at the date and place specified in the above paragraph (1), and the Defendant’s cell phone with a camera function at the Defendant’s cell phone with a camera (A8).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply) concerning criminal facts, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202); the selection of fines, respectively;

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

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

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

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

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