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(영문) 서울서부지방법원 2017.02.08 2016고단3451
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

1. On August 25, 2016, the Defendant infringed upon a room: (a) the Defendant occupied by the said camera operator, who was unable to know the name in the “D” camera located in Mapo-gu Seoul Metropolitan Government, for the purpose of photographing the appearance of female women in a female-only toilet that he/she occupied, managed, and invaded into the room that the victim occupied and managed.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. The Defendant taken the victim’s body against his will that could cause sexual humiliation by photographing the Defendant’s smartphones so that the victim’s name could not be known at the time, time, and place, such as Paragraph 1, can leak bucks to the base, and the Defendant’s smartphones could be seen as melting the Defendant’s smartphones on the front side.

B. At the same time and place as Paragraph 1, the Defendant taken the body of the victim, who might cause sexual humiliation using a camera, by putting the Defendant’s smartphone into the front screen, and exposing her s/hem to the s/he was seated at the s/hem, and exposing her m/hem to the s/hem to the s/hem, and photographing the s/hem to the s/her s/hem to the s/hem.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Video storage CDs;

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

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by room), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing a camera using a camera), and the choice of fines, respectively, for the crime;

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

1. In addition to the crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, it appears that he/she had committed the same kind of crime (the 34th page of investigation records) and the suspension of indictment for larceny.

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