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(영문) 서울중앙지방법원 2017.02.08 2016고단8544
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 8, 2016, around 12:10 on September 12, 2016, the Defendant intruded a structure, following the victim, in order to find out that the victim E, a female employee, (here 27 years of age), was entering a female toilet while serving as male employee at a entertainment station in Gangnam-gu Seoul Metropolitan City, Seoul, and that the victim was able to take a photograph of a cell camera shooting function.

Accordingly, the defendant invadedd on the structure.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) intruded the victim's toilet at the time and place set forth in the preceding paragraph, such as the time and place set forth in the preceding paragraph, and took 5 seconds of a dynamic image by inserting cell phones under the part of the screen of the victim, and inserting cell phoness under the part of the victim's body, thereby viewing the melting side of the victim.

As a result, the Defendant took a photograph of the victim’s sexual humiliation against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E (F) ;

1. A protocol of seizure and a list of seizure;

1. Application of investigation reports (verification of CCTV images in the field of the case) Acts and subordinate statutes;

1. Article 319 (1) of the Criminal Act Article 319 of the same Act concerning the facts constituting an offense, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera), and the selection of fines;

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 and the main sentence of Article 67 of the Narcotics Control Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following specific circumstances and the sentencing conditions as stated in the pleadings, including the Defendant’s age, sex, home environment, and circumstances before and after the crime, and the sentence like the order is determined.

In women's toilets, women's prosperity.

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