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(영문) 청주지방법원 2018.08.16 2018고단58
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 15, 2017, in order for women to take a melting image of Cheongju-si building C, the Defendant entered a screen for the toilet of women of the above building in order to take a melting image of women. In addition, the Defendant: (a) made the victim D (a name, leisure, 30 years of age) the Defendant’s side partitions of this Defendant; (b) made the Defendant’s cell phone camera of the Defendant, who opened the studio, operated it into the screen screen; and (c) taken the screen image of the victim who opened the studio with the upper cell phone, and reported the studio in which the studio was taken; and (d) taken the screen image of the victim who opened the studio with the upper cell phone, and taken the screen image of the victims from May 28, 2017 to November 15, 2017, and considered the victim’s total number of women as recorded in the list of crimes.

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame using a camera against the victims' will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Arrest report and investigation report of the occurrence of a case (as to the specific and unspecified victim, etc.);

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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 Criminal Crimes and the selection of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend a lecture;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

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