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Reasons
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(영문) 부산지방법원 2015.01.28 2014고단9770
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Around October 24, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence to public places) installed the USB-type small-type camera on the floor of the floor at the main room of “D” located in Busan Fluor C, in order to take the form of melting women, in order to take the form of melting them.

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

2. Around October 24, 2014, the Defendant: (a) taken various videos using a camera installed as above, namely, the form in which the victim E (the 20th female) is viewed as a melting base; and (b) around 22:47 on the same day, around 22:47, the victim E (the 33 years of age) taken a melting side.

As a result, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the devices with the camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a taking advantage of a camera, etc.);

1. Selection of each fine, in consideration of the fact that the sentence was first applied to the punishment, but a camera is found and images are not distributed;

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

1. Articles 70 (1) 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. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and personal information is personal information in a competent agency pursuant to Article 43

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