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(영문) 창원지방법원 2017.04.25 2016고단4133
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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 June 28, 2016, the Defendant invadedd a structure with a female toilet located in the first floor of the building B in the city of Changwon-si, Seoul, around 22:45 on June 28, 2016. On the other hand, the Defendant came into a female toilet under the influence of alcohol by the victim C (in women, 33 years of age, 1) and went into a female toilet by using his/her cell phone, and the Defendant invadedd the said female toilet by following the victim, considering that he/she would have taken a melting of

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of a camera, etc.) taken the image of the victim by entering the side partitions of the toilets where the victim melted in the said date and at the said place, and going up and going up, and taken approximately 10 seconds in a way that the victim sees the melting side by extending the hand.

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

The application of the police statement law to the defendant's legal statement C (tentative name)

1. Article 319 (1) of the Criminal Act Article 319 of the same Act concerning the facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera);

2. Selection of a selective fine for punishment (not wanting to punish a defendant, but considering that the defendant is the first offender, etc.);

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

6. Where a conviction against a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Registration of Personal Information on Article 48(1)1 of the Confiscation Criminal Act is finalized, the defendant shall be a person subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

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