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(영문) 서울중앙지방법원 2016.11.25 2016고단7751
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On October 9, 2016, at around 12:10, the Defendant entered the 2nd floor of the entrance door of a female toilet in Gwanak-gu, Seoul Special Metropolitan City, into the left side of the Do Park plaza, and listens to the sound in which the victim’s name was unexploded into the side column, and photographs the image of the victim’s screen by inserting smartphones into the lower part of the screen section, and by using the video recording function of the smartphones.

Accordingly, the defendant invadedd the victim's body against his will with a view to meeting his sexual desire, and taken the victim's body that could cause sexual humiliation or shame by using a mechanical device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to attach CDs, such as video images, etc. for the principal case);

1. Seizure records;

1. Application of the Acts and subordinate statutes to seized articles, photographs and stored photographs;

1. Relevant provisions of the Act on the Punishment, etc. of Sexual Crimes, Article 12 of the Act on the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively, concerning the crimes;

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

1. Articles 70 (1) 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. When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized in the judgment that is subject to the registration of 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 the head of a competent police office

disclosure order; or

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