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(영문) 수원지방법원 성남지원 2019.03.15 2019고정2
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around September 3, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) posted a smartphone of the Defendant with a camera function in C, a victim D (n, 36 years of age), the victim D (n, and the victim D), and taken a visual image of the body part of the brue.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera or similar mechanism.

2. A defendant who has attempted to violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) committed an attempted crime by inserting a smartphone of the defendant with a camera function in front of the accounting unit from the victim G (n.e., 44 years old) in front of the accounting unit around Sep. 3, 2018, and intending to capture a video by inserting such smartphone from another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. 112 Reporting case handling table; and

1. Records of seizure and the list of seizure;

1. The application of investigation report (a CCTV image in the course of committing a crime under paragraph (2)), investigation report (a comparison of CCTV images and damaged images under paragraph (1) with respect to a crime), investigation report (a specification of a victim under paragraph (2) and his/her absence) and statutes;

1. Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and Articles 15 and 14 (1) (a) of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a person who has attempted to use and photograph cameras, etc.);

1. Selection of each alternative fine for punishment;

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. The main sentence of 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. Registration and submission of personal information under Article 334(1) of the Criminal Procedure Act shall be subject to the order of provisional payment.

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