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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1244
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

The defendant is an employee of a singing room in Asan City B.

On May 31, 2016, at the singing room around 03:22 on May 31, 2016, the Defendant: (a) viewed the victim D (innex, the name of the victim) to go to this toilet; and (b) opened the Defendant’s mobile phone camera back to the toilet, and taken the image of the victim’s urine as a video.

At the same day, the Defendant reported that the victim E (n.e., inn., in a toilet, and followed by the partitions side of the toilet, and the victim taken the image of the victim’s uris as video in the same way.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame through a camera more than twice against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E and D;

1. Police seizure records and list of seizure;

1. Each photograph;

1. Application of the Acts and subordinate statutes to a investigative report (CCTV-faging photographs);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes is that, in a case where a conviction becomes final and conclusive with respect to a crime that is subject to the registration of personal information in light of the fact that the defendant was found guilty of having taken the form of the victim’s defense in a toilet, there is no same record, there is no time to commit a crime, and there is a profound reflection on the fact that the defendant committed a crime, which is subject to the registration of personal information, it constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

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