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(영문) 서울중앙지방법원 2016.05.27 2016고단1527
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On September 13, 2015, at around 17:05, the Defendant discovered that, in the toilets located underground in the first floor of Jongno-gu Seoul Metropolitan Government Jongno-gu B Building, the Defendant entered the victim C (n, 28 years of age) into the victim’s toilet. In front of women’s toilets, the Defendant heard sound in which the victim entered the room closed, and intrudes into women’s toilets, and opened the victim’s side screen, and was in possession.

gallon 2 mobile phone shooting function, and then the victim tried to photograph the victim who reported the above mobile phone in a balle column between the balle and the balle column in which the victim reported the day to see, but the victim was not in accordance with the carmera and did not report the mobile phone and did not have the intent to balle the mobile phone.

Accordingly, the Defendant attempted to take photographs against another person's body, which could cause sexual humiliations or shames using mobile phone camera functions, by intrusioning on a structure, female toilets, and by using mobile phone camera functions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Reports on internal investigation: The other party search of the manager of the building;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Act on the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) (the attempted to take photographs using a camera) against criminal facts, Article 319 (1) of the Criminal Act and the selection of fines for negligence;

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. If a conviction on a crime committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Judgment on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act (a) of the Provisional Payment Order becomes final and conclusive, the defendant shall be punished against a sexual crime.

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