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(영문) 청주지방법원 2017.08.09 2017고단176
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

At around 01:00 on June 19, 2016, the Defendant, in the toilet of the building “D” located in Heungdong-gu, Chungcheongnam-gu, Cheongju-si, sought to take the image of the victim E (the name, the breath, the 21 year old) in which the part of the Defendant’s cell phone cren was collected with the narrow section below the partition door for women’s use, and tried to take the image of the victim E (the 21 year old).

Accordingly, the Defendant attempted to take the body of the victim, which could cause a sense of sexual shame by using a camera, against the victim’s will, thereby infringing on the room possessed by the victim.

Summary of Evidence

Application of photographic Acts and subordinate statutes to the defendant's legal statement E by taking the police's on-site photographs and CCTV images

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (the attempted possession of camera photographing) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act and the selection of fines;

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

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

4. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order to complete a program is that the defendant tried to steals the appearance of female prisoners entering a female toilet and photograph it.

The injured party is trying to punish the accused.

However, it shall be considered as a favorable sentencing factor that the defendant reflects the defendant's wrong, does not reach the actual shooting, or only has been punished once by a fine due to drinking driving, and the punishment shall be determined by taking into account the sentencing conditions, such as the defendant's age, sex, environment, etc.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is subject to Article 43 of the same Act

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