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(영문) 수원지방법원 2019.06.13 2019고단1379
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On September 19, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry into a public use place for sexual purpose) reported that D, which was seated in the next table table B at the “Cju shop” located in Suwon-si, Suwon-si B, entered into the toilets for the public use of men and women, and that D’s appearance, which appears to be a change, was invaded into the toilets for the purpose of meeting his/her sexual desire by drinking D, using a camera filled in the cell, and making D’s appearance into the said toilets for the purpose of meeting his/her sexual desire.

2. Around September 19, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) went into the toilet as described in paragraph (1) at the “Cju shop” located in Suwon-si B on September 19, 2018, and taken pictures of the body parts, etc. of a woman who is not his/her name, for a total period of 12 times from September 19, 2018 to September 19, 2018, by putting the Defendant’s cell phone screen function in the male side column where D is reported melting the victim’s melting body.

Accordingly, the defendant taken the body part of the victimized female against his will, which could cause sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Police seizure records;

1. A criminal investigation report (a CCTV analysis in the field of the incident) and CCTV photographs;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to photographs of women suffering from unexpected harm;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201; Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Selection of each fine;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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