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(영문) 대구지방법원 서부지원 2014.01.23 2013고단1454
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant has taken the form of sexual intercourse with a cell phone to view it as a sexual crime, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and has taken it into a female toilet to commemorate it;

As such, the Defendant:

A. On August 16, 2013, at C University Library in Daegu-gu B, Daegu-gu on August 14:11, 2013, entered the second column to the right side of the body of a woman with the second floor of C University Library, with a view to taking a ballethic body into the right side;

B. Around 13:40 on August 19, 2013, at the above female toilets entered the same column for the same purpose as the above paragraph (a);

C. At around 16:00 on August 20, 2013, the above female toilets entered the same column for the same purpose as the above paragraph (a).

Accordingly, the defendant invadeds on public places to satisfy his sexual desire.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On August 16, 2013, at around 14:11, the Defendant, at the place indicated in paragraph (1), taken a bruptic image against the victim’s will using the recording function of the video of the mobile phone owned by the Defendant to take a bruptic image of the victim.

B. On August 19, 2013, at around 13:40 on August 19, 2013, the Defendant, at the place specified in paragraph (1), taken a picture of the victim E (the age of 33) against the victim’s will using the recording function of a cell phone owned by the Defendant to take a dynamic image image.

C. On August 20, 2013, at around 16:00, the Defendant taken the image of the victim D (at around 27 years of age) against the victim’s will by using the recording function of the cell phone owned by the Defendant’s cell phone.

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. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of each statute on photographs;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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