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(영문) 인천지방법원 2014.03.25 2013고단7826
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
Text

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. Around August 19, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence of public places) entered a female toilet with the intent to photograph the body of the victim by making use of a cell phone in female toilets, while discovering E (influence, 32 years of age) from the first floor of the D Station in Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. A criminal defendant who attempted to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) tried to take photographs of the victim E (the 32 years of age) and the victim F (the 17 years of age) using a toilet space below the toilet space in which the melting side is reported, while he tried to take photographs of the above cell phone in order to collect the cell phone gradually, but failed to take photographs from the victims.

Accordingly, the defendant tried to photograph the body of the victims who could cause sexual humiliation or shame by using a mobile phone against his will, but attempted to do so.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by each police officer in relation to E (32 years of age) and F (17 years of age);

1. Application of Acts and subordinate statutes to entries in the records of seizure and the list of seizure;

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take photographs using Cameras, etc.) and the selection of fines, respectively;

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

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. A sex offender subject to registration under Article 334(1) of the Criminal Procedure Act shall be subject to the obligation to register personal information and submit such information;

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