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Reasons
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(영문) 수원지방법원 2017.03.09 2016고단7118
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 29, 2016, the Defendant, following the victim’s name using his/her place in Suwon-si C Station B located in Suwon-si, Suwon-si, Suwon-si, where it is impossible to identify the name from which he/she was using his/her place, taken a photograph of the body of the victim, where the Defendant entered the satis in the satis, using his/her mobile phone recording function.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On October 1, 2016, at around 00:23, the Defendant taken a photograph of the body of the said victim, following the victim’s name using his/her place at the above C Escoper, who was unable to know the name using his/her place, in the same manner as that described in paragraph 1.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

3. On October 4, 2016, at around 19:35, the Defendant taken a photograph of the body of the victim, following the victim’s name using his/her place at the above C Escopist, who suffered from the scopin pattern in the same manner as that described in paragraph 1, in which it is impossible to identify the name using the place.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the Acts and subordinate statutes governing the extracted crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 is as follows.

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