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(영문) 수원지방법원 성남지원 2015.02.11 2014고단2848
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around July 30, 2014, at around 02:09, the Defendant taken photographs of the victim D (at least 25 years of age) who is diving by using his/her mobile phone device with a camera function, using his/her cell phone device on the third floor of the building B in Seongbuk-gu, Sungnam-si, Sungnam-si, and taken photographs of the victim’s body, which might cause sexual humiliation by using a camera-type cell phone device, against his/her will.

2. A criminal defendant who has attempted to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) committed an attempted crime because he/she entered a female toilet in the third floor of the above building on the same day, entered the victim E (the age of 28) with a different light partitions, and collected his/her mobile phone device with an open space below the front side, and tried to photograph his/her photograph that the victim gets melted, but he/she failed to photograph the body part of the victim because he/she was unable to properly take the body part of the victim because he/she was shakeing of the mobile phone's focus.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Police seizure records;

1. Application of the statutes on photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) 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 (the point of attempted taking a camera photograph): The choice of each fine;

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 conviction of the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual

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