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(영문) 수원지방법원 안양지원 2017.11.10 2017고단942
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 16, 2017, the Defendant intruded a structure into a female toilet, located in E office where the Defendant works for the Defendant in Overcheon-si, in order to install an USB camera cambacam cambacam camb, which would be taken by the victimized party. 2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) at the same time and time as the above paragraph 1, and at the same place, installed an USB cambamcam cambas (Evidence No. 1) in a way of fixing both sides of the victims of the above female toilet, from that time, up to January 20, 201, he/she installed a method of causing sexual humiliation against the victim’s wishes (the name, body, 45 years old, 41 years old, 38 years old, 41 years old, 45 years old, 41 year old, or 00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F (tentative name), J, G, H, and I;

1. Each protocol of seizure and the list of seizure;

1. Report on the results of digital evidence analysis;

1. Application of the Acts and subordinate statutes to cover each photograph, each hard disc (www, 1tb), wire-bredow 32 file sporafe image closures;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of intrusion on buildings), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing carmers) and the selection of fines, respectively, for the crime;

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

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

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

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is inferior in light of the background and content of the crime, the Defendant’s mistake is against the Defendant, and the primary offender, the contents of the photographed image, and the age and nature of the Defendant.

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