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(영문) 대전지방법원 논산지원 2016.06.14 2016고단111
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On December 31, 2015, the Defendant, at around 16:02 around 31, 2015, took photographs of the body of another person, which might cause sexual humiliation or sense of shame, by installing a small camera under the body of a woman suffering from a studio, located in the toilet column, at around 16:02, Chungcheongnamnam-gun, and the second floor public toilets of both men and women, and taking photographs of the body of a third person, which may cause sexual humiliation or sense of shame, against his/her will.

2. On January 5, 2016, around January 15, 2016, the Defendant: (a) installed a small camera under the part of a stop room located in the toilets at the same place as the above paragraph (1) of the same Article, and intended to take photographs against his/her will of another person’s body that may cause sexual humiliation or sense of shame, such as a meltage, etc.; (b) however, the Defendant found the victim E (V, 38 years of age) coming from the toilets, and attempted to take them out of the toilets in order to see the boom.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Police seizure records;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Relevant provisions of the Act on Special Cases concerning the Punishment of Sexual Crimes, etc. of Sexual Crimes on the Punishment of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), Article 14(1) of the Punishment of Sexual Crimes Act (hereafter “Sexual Crimes Punishment Act”), Articles 15 and 14(1) of the Punishment of Sexual Crimes Act (a) (a person who attempts to take photographs using a camera), and the selection of fines;

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 Punishment of Sexual Violence Act to order to complete a program;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction against the Defendant is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Punishment of Sexual Violence Act, and is obligated to submit personal information to the relevant agency in accordance with Article 43 of the Punishment of Sexual Violence Act.

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