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(영문) 서울서부지방법원 2016.02.15 2015고단3036
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On October 12, 2015, the Defendant entered a female toilet in Mapo-gu Seoul Metropolitan Government, “D” hospital in Mapo-gu, Mapo-gu, Seoul, for the purpose of photographing the appearance of the victim, around 12:40 on October 12, 2015.

The Defendant entered the first column to the right side of the toilet, and operated the mobile phone camera function of the Defendant’s possession, and tried to photograph the body of the victim’s melting the toilet as well as the body of the victim’s melting it.

Accordingly, the Defendant attempted to take photographs of another person’s body, which could cause sexual humiliation or shame, using devices with a camera function, for the purpose of satisfaction of sexual humiliations, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the police seizure protocol statutes;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the occupation of intrusion on public places for sexual purposes, the selection of fines), Articles 15 and 14 (1) (the occupation of attempted use, photographing, such as camera, and the selection of fines) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion: one hundred thousand won);

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. If a conviction on a sex offense subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and crime of this case shall be the defendant to issue an order to disclose or notify personal information.

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