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(영문) 대전지방법원 천안지원 2017.11.24 2017고단1857
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On May 12, 2017, the Defendant did not comply with the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.). On May 12, 2017, the Defendant tried to take a cryp of the victim F (Ga name, 41 years old, and female) who was moving the cryp from E 2nd to 3rd floor in south-dong, south-dong, East-gu, dong-gu, by suffering cryp from escalators, and tried to take a cryp of the victim by using the mobile phone camera function of the Defendant. However, the victim was aware of the Defendant’s crime and escaped from the Defendant’s arms.

Accordingly, the Defendant attempted to take photographs of another person's body, which may cause sexual humiliation or shame, 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.), taken five times in total, including the list of crimes, using the Defendant’s cell phone camera function, in which four victims are suffering from flacing in secret places from around April 2017 to May 201.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each photograph;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (the attempted use of and photographing a camera, etc.), Article 14 (1) (the occupation of photographing a camera, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of each fine;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is repeated.

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