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(영문) 수원지방법원 안양지원 2020.01.08 2019고단2262
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around June 28, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in open space for sexual purpose) was in the first floor of women’s toilets of the building located in Gyeonggi-gu, Mangyeong-gu, Ganyang-si, Ganyang-si, Ganyang-si, and it was invaded by women’s toilets in order to capture by stealing the appearance of balle and to photograph it.

Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.

2. A defendant who has attempted to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) has performed the functions of the camera of a mobile phone in possession of a cellular partitions, which is used by the victim C (Taking 40 years of age) at the same time and place as stated in paragraph (1), and attempted to collect and store a mobile phone due to the gap in the available partitions, but failed to do so, even though the victim did not have such intent on the wind to see it.

Accordingly, the Defendant attempted to take photographs of another person’s body, which could cause sexual humiliations or sexual humiliations, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. A survey report (on-siteCCTV);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take photographs using carmeras, etc.) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the maximum amount of the crimes specified in the special Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has heavier punishment, to the concurrent crimes] among concurrent crimes;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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