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(영문) 제주지방법원 2016.08.18 2016고단866
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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On January 16, 2016, at around 01:03, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, using mobile phone camera functions owned by the Defendant at the entrance of a bath in Jeju, and taken the body of another person against his/her will, using a camera or other devices with similar functions, which used the mobile phone camera functions.

B. At around 09:30 on March 9, 2016, the victim taken a body of the victim G (the age of 40) (the victim), who gets off clothes at the bar of the defendant, using the mobile phone camera function of the defendant at the entrance of 09:30, the victim taken the body of the victim (the age of 40) using a camera or other similar device with similar function, and taken the body of another person, who may cause sexual humiliation or sense of shame, against his will.

2. On October 23, 2013, the Defendant is a person subject to registration of personal information, who was sentenced to a fine of five million won due to a forced indecent act committed by the Jeju District Court on October 23, 2013 and the judgment became final and conclusive on the 31st of the same month.

Where any personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of the change to the head of a police office having jurisdiction over his/her domicile within 20 days from the date the reason and

In February 2016, the Defendant failed to submit changed information without justifiable grounds, even though he/she moved his/her place of residence from the end of Jeju to the H (or below the Jeju city).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G (tentative name) and I;

1. A written statement of I;

1. Investigation report (the result from the analysis of digital evidence of suspect mobile phones);

1. A copy, etc. of the investigation report (information submitted by a suspect);

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