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(영문) 수원지방법원 성남지원 2015.11.06 2015고단1680
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

around March 2015, the Defendant: (a) installed 2 USB Kamera (TOSIBA 1) in each shower’s room located in Sung-nam-si, Sungnam-si; (b) installed 2 USB Kamera with each of the shower functions inside the shower functions; (c) installed at around 21:00 on May 24, 2015 to around 22:00, the victims of the instant DB Kamera (No. 522-524) with the main functions inside the SP 3rd Women’s accommodation at the SPS (No. 522-524); and (d) installed 4 SP Kamera (TOSBA 1, Samsung 2) with the victim’s physical humiliation or the victim’s body at the SP 20th of May 24, 2015 to the victim’s body at the SPS 20th of May 20, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Police seizure records;

1. A report on analysis of digital evidence;

1. The file details and screen pictures;

1. Application of Acts and subordinate statutes on the details of purchase of usb campcos;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of possession of camera photographs) and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes (a point of attempted crimes of camera photography): Selection of each fine;

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. In light of the sense of shameing victims and their mental impulses due to the instant crime for sentencing under Article 48(1)1 of the Criminal Act for the reason of sentencing, Defendant shall be subject to strict punishment.

However, there was no intention to distribute the videos taken by the defendant, and the situation such as the leakage of the above images does not occur, the defendant is the first offender with no criminal history, and the defendant does not repeat again when he is against the defendant.

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