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(영문) 광주지방법원 목포지원 2018.07.13 2018고정75
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On September 14, 2017, around 07:57, the Defendant intruded into a shower room with the Defendant’s mobile phone in front of the shower room exclusively for women with the second floor of “D”, which was located in the Southern-gun, the second floor of the notification unit “D,” and opened a shower room and intruded into the room occupied by the victim E.

2. The Defendant, at the time and place specified in Paragraph 1, tried to gather the Defendant’s cell phone in the shower room and to photograph the body of the Victim E, whose head was found in the shower room, but was discovered to the victim E.

As a result, the Defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame against his will, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Police seizure records;

1. Investigation report (for the site of the incident), investigation report (for the site of the incident), and results of analysis of personal phone evidence);

1. Application of the Acts and subordinate statutes to photographs inside the second floor of a Gosiwon and CCTV closure photographs;

1. Relevant provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by rooms and the choice of fines) against criminal facts, and Articles 15 and 14 (1) (the fact of attempted use of cameras and photographing and the selection of fines) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

1. In the instant summary order imposing a non-compliance order under Article 334(1) of the Criminal Procedure Act, the Defendant did not order the completion of sexual assault treatment programs against the Defendant, and the Defendant requested a formal trial only. As such, the Defendant does not order the Defendant to complete sexual assault treatment programs in accordance with the principle of prohibition of disadvantageous alteration (see Supreme Court Decision 2015Do11362, Sept. 15, 2015). Personal information is registered and submitted.

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