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(영문) 광주지방법원 2018.03.21 2017고정1949
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A. The Defendant, who had a mind to take a female’s body frighten, was seated on October 27, 2017 to the victim D (the age of 20) who is an employee in the CPC room located in Gwangju Mine-gu around 15:29 on October 27, 2017

On the PC side, the victim made a request for cleaning along the PC side, and the victim took a PC side with the PC string, and the part of the victim's strings after the PC strings.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

B. On November 03, 2017, at around 2:30 on November 12:30, 2017, the Defendant had a mind to photograph women’s body, and was seated to the Victim E (V, 22 years of age) who is an employee in the CPC room located in Gwangju Mine-gu.

On the PC side, the victim made a request for cleaning along the PC side, and the victim took a PC side with the PC string, and the part of the victim's strings after the PC strings.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Seizure records;

1. Application of Acts and subordinate statutes governing mobile phones;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 (2) 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the first offender who has no record of punishment, the confession and reflect of each of the crimes of this case, and the defendant's age, sex, motive and means of the crime, and circumstances after the crime, etc., shall be considered in light of all of the following factors. The punishment is ordered as per Disposition.

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