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(영문) 울산지방법원 2016.10.06 2016고단2279
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 April 26, 2016, at around 02:22, the Defendant: (a) had a victim D (hereinafter “C”) entering the male-child room and the above room at around 306, “C” located in Ulsan-gu B, Ulsan-gu; and (b) had a mind to have the victim photographed through the above room’s open windows.

After the defendant activated the camera function of his cell phone, the defendant tried to photograph the victim who was under panty through the above window, but failed to take a photograph because the camera function does not work normally.

As such, the Defendant intended to photograph the body of the victim who could cause sexual humiliation or shame by using a cellular phone with an inner function, but failed to bring such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (CCTV image analysis);

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an interview or interview with a smartphone in a private space for the purpose of photographing a secret act in a private space, and the defendant did not receive a letter from the victim. However, the defendant is a criminal act committed by contingently in the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the sex crime, and the fact that the defendant has no criminal record of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the sex crime,

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