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(영문) 대구지방법원 2016.08.23 2016고단2900
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

No person shall photograph the body of another person against his/her will, using a mechanical device with a camera function, which may cause sexual humiliation or sense of shame.

1. In the middle of November 2015, the Defendant was installed in the Cheongdo-gun B of Gyeongbuk-do in a manner that puts the second floor shower room in a key and a small-sized camera in the custody of the second floor shower room, and tried to photograph the image of the women who show the shower at that place. However, the Defendant did not have to keep the said three-dimensional tool in the wind, but did not have attempted to do so.

2. On December 2015, the Defendant installed the said camera in the manner described in the above C, and taken the chests, etc. of the victim D (the 27 years old), who sawed at the place, in the manner described in the above 1 paragraph.

3. On January 20, 2016, at around 18:30 on January 20, 2016, the Defendant installed the clothes attached to the wall of the second floor shower room in a manner that puts the above camera on the wall of the Defendant, and taken the telegraph of the victim E (W, 28 years old) who saw the shower at that place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (attached photographs, such as a camera used by the person under investigation, etc.);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person who has attempted to take photographs, such as a camera);

1. Selection of each of the selective fines for punishment (or expression, such as reflectivity, failure to punish victims, and absence of criminal punishment);

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. Articles 70 and 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. When a judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to a provisional payment order.

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