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(영문) 수원지방법원 안산지원 2014.08.08 2014고단1169
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

1. Around March 24, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influoration into public places) was intruded with the Defendant’s body by photographing a woman’s body on the second floor of the Yandong-gu, Ansan-si, Ansan-si, with an intention to satisfy the Defendant’s sexual desire by photographing the body as described in the following paragraph (2).

2. On March 24, 2014, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken pictures of the part of a female victim’s name, embart trade, etc., who is a female victim, using a mobile phone device owned by the Defendant, and reported macks from next partitions, from around 0:11 to 0:50.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (as to the response to the results of digital evidence analysis);

1. Application of photographs, such as the scene of crimes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) and (3) 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. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure or notification of personal information shall be made in consideration of the initial offender, family relationship, the outline, etc.

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the case in which the defendant intrudes into female toilets and takes the part of the female victim's macker with his macker.

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