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(영문) 의정부지방법원 2016.11.18 2016고단1779
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)미수
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has served as a social work personnel at the E Welfare Center located in the Namyang-si, Namyang-si (hereinafter referred to as the “instant welfare center”).

At around 17:30 on June 30, 2015, the Defendant, at the male toilet located on the first floor of the above welfare center, tried to take the image that the victim F (V, 34 years old) was melted by using the Defendant’s mobile phone camera and attempted to take the victim’s photographed and attempted to take the victim’s cell camera in the front section of the above female toilet.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement of seizure of each police;

1. Each investigation report, internal investigation report (as for the case of CCTV images), internal investigation report (as for the suspect’s report), investigation report (as for the suspect’s report), investigation report (as for the suspect’s report), and investigation report (as for the submission of the suspect’s monetary records);

1. A detailed statement of currency;

1. Application of the Acts and subordinate statutes concerning evidence photographs, photographs of evidence (CCTV images), photographs of evidence (sat the seizure site), welfare center CCTV duplication;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The summary of the argument and the defense counsel held that the defendant had been in a male toilet at the same time as the victim was in a female toilet of the instant welfare center, but the victim tried to take a photograph by using the cell phone camera of the defendant, such as the facts charged,.

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