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(영문) 수원지방법원 여주지원 2018.05.18 2018고단370
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On April 10, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Kameras, etc.) (hereinafter referred to as “the Defendant”), around the house toilets of the victim C (n, B, 22 years old), in the Gyeonggi Pyeong-gun B, the Defendant taken screen pictures using a mobile phone camera at a height of 30 cm with a toilet window, and taken a shower in the state of body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera against his will.

2. In order to take the image of the victim who saw a shower in the state of her body at the same time, at the same time, at the same place as the above 1. paragraph, the Defendant infringed upon the victim’s residence by taking a 30 cm table, taking a toilet window in his hand, and taking the toilet window in his/her hand, and taking the image of the victim with an open window in his/her cell phone camera and photographing the image of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. All on-site photographs;

1. C’s statement;

1. Each protocol of seizure and the list of seizure;

1. Statement made to C;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act and the selection of each fine concerning the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for the crimes prescribed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Kameras, etc.);

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; Article 49(1) proviso and Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse.

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