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Reasons
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(영문) 대구지방법원 2013.12.12 2013고단6054
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On April 2013, the Defendant discovered the appearance of female victims, who are unable to know the name in the studio room room room room room room room room in Daegu North-gu, Daegu-gu, 2013, opened their windows, and photographs the body of the female in the Defendant’s smartphones with a camera attached to the Defendant’s smartphone.

2. On August 9, 2013, at around 21:20, the Defendant: (a) placed the Kameras in the 2nd female toilets column in the Daegu-gu, Daegu-gu, in the partitions, posted the Kameras in the 2nd female toilets of the D coffee shop, and taken a photograph of the victim E (n, 22 years of age)’s bridge, tameras, etc., where the Defendant had taken clothes from the side partitions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim E;

1. Records of seizure and the list of seizure;

1. A report on investigation (attaching photographs of evidence);

1. Application of the Acts and subordinate statutes to photographs, such as eggs;

1. Crimes under Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (elective of Fines): Article 13 (2) of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 5 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the Defendant’s personal information to the head of the competent police office

The defendant's age, occupation, risk of recidivism, type of the crime in this case, and the disclosure order or notification order.

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