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(영문) 청주지방법원 충주지원 2017.09.15 2017고단623
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

On December 18, 2016, at around 01:30, the Defendant entered the partitions from the male and female public toilets of the Daejeon Dong-gu Daejeon, Daejeon-gu B, and the “C” singing room, and taken two copies of the Defendant’s cell phone in order to take the image of viewing the use of the victim D (one name, two-three years old) in the next partitions, by partitioning off the Defendant’s cell phone, and dividing it into the above, and then taken two photographs. However, the Defendant did not photograph the victim’s side with the wind immediately discovered.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or sense of shame against his will with a cell phone camera, but did not bring about his intention but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to victims D;

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

1. Evidence photographs (victim images and toilets photographs);

1. Reporting on the results of digital evidence analysis;

1. Investigation Report (Review as to whether the provisions of the U.S. Acts and subordinate statutes apply to this case)

1. Articles 15 and 14(1) of the Act on the Punishment, etc. of Sexual Crimes under the pertinent Act on Criminal Crimes (the crime of this case was committed by the Defendant, such as a camera, etc.) and the selection of fines (the crime of this case was failed to take the appearance of a woman’s melting a female’s melting a female’s melting in the next partitions by influorating that the Defendant is a public toilet for both men and women, and the crime was not committed under the applicable Act on the Punishment, etc. of Sexual Crimes and the circumstances leading up to the crime, but did not receive an appearance from the victim, even though the Defendant

However, the defendant shall be punished by a fine in consideration of the fact that all of the crimes of this case were led to confessions and reflects the depth of the crime of this case, the appearance of seeing the appearance has not been taken and no evidence was revealed that it was distributed outside, and the defendant is the first offender who has no previous conviction)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment, etc. of sexual crimes committed against him/her;

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