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(영문) 부산지방법원 동부지원 2014.07.23 2014고단993
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around April 10, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) was intruded with the purpose of photographing the appearance of a female toilet located in the 8th floor of Busan Southern-gu, with a view to satisfying his/her sexual desire by photographing the appearance of a female toilet located in the public place.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) entered the side partitions of a female toilet at the time and place specified in paragraph (1), and around 10:54 of the same day, in which the victim’s name undisfortunate female is seen as being in front of the victim’s name, and the victim’s am or am in front of his own will using the Defendant’s mobile phone camera photographing and video photographing function, taken the victim’s am or am against the victim’s will; on the same day, the am or am or am in front of another victim’s name against the victim’s will; on the same day, the am or am in front of another victim’s name was taken in the same manner as at around 13:

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, over three times in total, against his will, by using a camera.

3. At around 13:35 of the date stated in Paragraph 1, the Defendant 1 committed assault, i.e., assaulting the victim’s face and chest part on several occasions in order to escape from the victim C (the age of 44) who was a woman who used the toilet, and was able to escape from the said female toilet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking pictures using a camera) against criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 260 of the Criminal Act.

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