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(영문) 의정부지방법원 고양지원 2017.09.19 2017고단2397
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 28, 2017, the Defendant invadedd with a structure with a view to photographing the figures of women who are considered to be melted using the camera functions of smartphones in the middle-gu building in the middle-gu, Goyang-si. The Defendant intruded with a single-story female toilet.

2. Defendant continued to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as camera, etc.) on the Punishment, etc. of Sexual Crimes (hereinafter referred to as the “Defendant”) and Defendant placed Defendant’s smartphones with the aforementioned first floor female toilets on the front side partitions, and tried to photograph Defendant’s smartphones with the rear camera function, and then tried to photograph Defendant’s name and body body, etc. with the victim’s name and body, which had been reported on the side partitions. However, the Defendant did not focus on

Accordingly, the Defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion on buildings), Articles 15 and 14(1) (the point of attempted taking a camera) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines for the crimes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the defendant sought to take pictures of the victim by intrusioning on a female toilet, is not easy in light of the circumstances and contents of each of the crimes in this case. This is the fact that the victim seems to have suffered a considerable sense of sexual humiliation, the fact that the defendant is recognized and against the defendant, and the photograph is taken.

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