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Reasons
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(영문) 대구지방법원 서부지원 2017.01.12 2016고단1925
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 2016, the Defendant, in a restaurant toilet with which the trade name of the D’s environs located in Daegu-gu Office C is unknown, was installed with rhymthming the cell phone installed in the partitions in which cleaning tools are kept, and taken against the victim’s will, in which the victim’s name that could cause a sense of sexual shame could not be known, by means of taking the inner part of the back side of the screen in which cleaning tools are kept.

2. On June 22, 2016, the Defendant: (a) connected the elevator E, Daegu-gu Building 2109, Daegu-gu, 2109, 6, with the cell phone installed in the Kameras, and taken a photograph against the victim’s will, by inserting the cell phone inside the Kameras into the Kameras, between the bridges under the right edge of the F (n.e., the Kameras) and causing a sense of sexual shame.

3. On July 1, 2016, at the same place as paragraph 2, around 08:37, the Defendant taken photographs of the parts of the body part of the victim F (nife, name), which may cause a sense of sexual humiliation in the same manner as paragraph 2, against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. On-site report (as to attachment of the result of the analysis of digital evidence of mobilephones), internal report (as to the confirmation of CCTV images and attachment of photographs)

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

1. Relevant provisions 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 for the Selection of Punishment, etc. (see, e.g., Supreme Court Decisions 2009Do1449, Jan. 1, 2009>

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

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