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(영문) 서울중앙지방법원 2013.08.14 2013고단3336
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. At around 11:00 on April 3, 2013, Defendant A, at the 2nd column of the female toilets of “D Elementary School” located in Dongjak-gu Seoul Metropolitan Government, Defendant A taken pictures against his/her will, by photographing a part of the body of his/her woman’s body, which might cause sexual humiliation or shame by photographing a part of the body of his/her woman’s body, which was installed under the part of the partitions and reported on a melting side in the toilet.

2.(a)

Defendant

A around 10:16 on April 8, 2013, within the “F Hospital” located in Seocho-gu, for the same reasons as the preceding paragraph, install under the top under which a small-sized camera, which was prepared in advance, is put in clothes, and photographs a woman’s body against his will that might cause sexual humiliation or shame by photographing the upper part of the woman’s body in secret, which was taken in the sloping room;

(b)at around 10:24 on the same day, a man-made baby recorded in the above place is taken with his body;

(c)at around 10:27 of the same day photograph the body of a woman not named in the above place;

D. At around 10:30 of the same day, a female body was taken in the same place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (verification of Kamera video, suspect's Kamera analysis, and verification of five Kamera video images);

1. Application of Acts and subordinate statutes to photographs on the installation of a camera;

1. 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) concerning criminal facts

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive against the accused on the facts constituting a sex offense subject to the registration of personal information under Article 48(1)1 of the Criminal Act, the accused shall be the sexual crime.

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