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(영문) 인천지방법원 2019.05.08 2019고단132
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

Around May 2015, the Defendant tried to take photographs of the victim’s appearance that he takes in the bath room after traveling the victim’s B and Pocket functions, and then taking the victim’s appearance that he takes in the bath room in a cresh, and even if the victim took a bath, he saw the victim’s appearance that he takes off all clothes against his will, and taken a photograph of the victim’s appearance that he takes in the bath tank.

In addition, around August 2015, the Defendant used the gap of the victim in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City C Building D to function as a mobile phone camera, and the victim revealed the chest part of the chest and the locked was taken by the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs taken by the suspect on the body part of the victim;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of fines, etc., concerning criminal facts;

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;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

The defendant's age, occupation, and exemption from the disclosure order or notification order;

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