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(영문) 대구지방법원 서부지원 2018.01.18 2017고단1664
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On January 15, 2017, the Defendant, among the male partitions in the PC room in Daegu Seo-gu, on the 18:00 on January 15, 2017, sent a sound to which the victim’s name cannot be known in the male partitions, and the Defendant’s cell phone located in the Kameras had taken the victim’s her her her her her her her her her her her her her her her her her her her part, which might cause a sense of sexual humiliation by inserting the her her her her her her her her her her her part

B. On the 21st day of the same month as the preceding paragraph, the Defendant taken photographs of the parts of the victim D, which may cause sexual humiliation from male partitions in the PC room toilets at around 20:08, against the victim’s will.

2. In order to take the body of the victims at the same time, time, and place as the statement in Paragraph 1 A, the Defendant intruded into the Defendant’s cell phone, such as the statement in Paragraph 1, by inserting the victim’s cell phone in a cresh below the victim’s toilet female column.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Police seizure records;

1. Report of investigation (list of evidence 8), application of photographic Acts and subordinate statutes on the scene of crime;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera) against the crime, Article 319(1) (a point of intrusion by a room) of each Criminal Act, and the selection of fines for negligence against the crime;

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. Where a conviction against the defendant is finalized in relation to the crime committed in the course of using a camera as stated in the decision to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant shall be subject to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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