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(영문) 수원지방법원 2017.01.12 2016고단7215
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On October 13, 2016, the Defendant affected a structure: (a) entered the second female toilet on the 2nd female floor of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the

Accordingly, the Defendant invaded another person's body, which may cause sexual humiliation or shame, into a structure managed by another person for the purpose of photographing the body against his will.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), extracted the cell phone in front of the date and time set forth in the preceding paragraph from the space below the space, and taken the image of the victim C (i.e., name, leisure, age 18) in the side partitions using the aforementioned mobile phone recording function.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Written statements of D;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of intrusion on buildings), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using and photographing cameras, etc.), and the choice of fines, respectively;

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 may not be severely punished in that the accused has intruded on a structure and taken the body of the victim who may cause sexual humiliation or humiliation against his/her will by using a camera;

On the other hand, the fact of crime is recognized and wrong.

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