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Reasons
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(영문) 대구지방법원 2014.09.25 2014고단3277
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On May 26, 2014, around 21:53, the Defendant: (a) entered the said toilet with a view to resolving the Defendant’s sexual desire by photographing women’s sexual desire in a 185 subway 185 subway sculp-ro, Daegu, Daegu, and 53.

2. On May 26, 2014, from around 21:53 to 22:00 on the same day, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, by photographing the face of the victim D, which was recorded in the same toilet No. 4 column, with the Defendant’s cell phone, and by photographing the face of the victim D, which was recorded in the same toilet No. 4 column, with the Defendant’s cell phone, on seven occasions, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (Attachment to a victim's photograph taken by a suspect from a video recorded by the suspect);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs using camera, etc. and the selection of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (a grace: a fine of 3,000,000 won) of the suspended sentence is that the Defendant’s act of causing sexual humiliation of female victims by intrusion into female toilets and taking a brush of female victims’ clisomes should be sufficiently punished against the Defendant, which lacks the nature of the crime.

However, the defendant is still aged undergraduate students and there is no record of criminal punishment other than that of the defendant who has been sentenced to suspension of indictment for special larceny, and the defendant is in liverion.

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