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(영문) 창원지방법원 통영지원 2017.01.31 2016고단1768
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around October 16, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) entered and intruded on a female toilet among B public toilets installed in Tong-si B, through through through Dong-si, B with a view to meeting his/her own sexual desire.

A. A. From around 15:21 on the same day as indicated in paragraph (1), the Defendant: (a) opened the second partitions of female toilets as indicated in paragraph (1) around 15:21 on the same day; and (b) opened the Kameras, which was removed from the string PC, and opened the Kameras, with which it is impossible to find out the name of the Kameras, which was laid off in the string string PC, was exposed to the Defendant’s attempted to photograph two victims (e.g., her age).

Accordingly, the Defendant attempted to take the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism, against their will.

B. Around 15:36 on the same day as indicated in paragraph 1, the Defendant heard sound from the second column of female toilets as indicated in paragraph 1 at around 15:36 on the same day to which the victim D (W, 57 years of age) entered the first column, and attempted to photograph the body of the victim by cutting off the camera attached to the string PC in possession of the string PC, following the racking line.

As a result, the Defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of each on-site photograph, photographic photograph, each visual image photograph, and Acts and subordinate statutes;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. (Infringement of Public Places for Sexual Purposes) and Article 12 of the Act on Special Cases concerning the Punishment,

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