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(영문) 인천지방법원 2016.07.21 2016고단2972
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around October 3, 2015, the Defendant took photographs of the Defendant’s cell phone in a state where he/she performed a dynamic image function in D located in Nam-gu Incheon Metropolitan City, Nam-gu, in a manner that he/she performed the dynamic function, as well as taking a fright of a female whose name is not lost, from the above day to December 2, 2015, that could cause sexual humiliation over eight times in total, such as the list of crimes, from around the above day to around the same day.

2. Intrusion upon a structure;

A. On December 2015, 2015, the Defendant, working in Yeonsu-gu Incheon Women's toilet working in Yeonsu-gu, Incheon, was placed in front of the F2 Women's toilet, and in order for women using the above toilets to take a meltion, the Defendant entered the meltle column in the above toilets and attached his cell phone in the state of carrying out the function of the Kamerra image on the inner side of the garbage tank located in the above toilets.

Accordingly, the defendant invadedd the building against the will of the above female toilet manager.

B. On January 22, 2015, at around 17:29, the Defendant: (a) was in front of a female toilet with 2nd female members of the F.F. Around January 22, 2015, in order for women using the above toilets to take a meltion, the Defendant entered the bar section in the above toilets, and laid his cell phone in a state where he carried out the function of the camera image on the back part of the cover.

Accordingly, the defendant invadedd the building against the will of the above female toilet manager.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of a camera, etc.), Article 319(1) of each Criminal Act (the use of a camera, etc.) and Article 14(1) of the same Act concerning each crime

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