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(영문) 수원지방법원 안양지원 2014.02.04 2013고단1243
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around August 16, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) committed an intrusion on women’s public toilets in the said station with a view to cutting off women who have reported urines in E stations located in Mapo-si, Mapo-si, for the purpose of larcenying them or destroying them or photographing them, into a female toilet for the purpose of meeting their sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken photographs of another person’s body against his will using a cell phone in which the victim F (n, 22 years old), entered the date and place specified in paragraph (1), using a cell phone in which the victim F (n, 22 years old) is slided lower than the entrance of the toilet, and thereby making a photograph of another person’s body that may cause sexual humiliation or shame by using a camera or other similar devices equipped with similar functions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of replies to fieldCCTV photographs, search, seizure and verification warrants;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc.) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. Where a judgment of conviction against a defendant on a sex crime subject to registration becomes final and conclusive in regard to the criminal facts subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency

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