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(영문) 서울중앙지방법원 2017.10.20 2017고단6033
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person without a certain occupation who is residing in the Dongjak-gu Seoul Metropolitan Government “C Public Notice Telecom.”

Although the Defendant installed a wall between the above notice 2nd floor female shower room and the female shower room attached to the above notice 2nd floor, the Defendant had a space between the wall upper part and the ceiling, and had a sense of mind to take a shower room for female use in the space.

1. On May 10, 2017, the Defendant entered a female toilet with the 2nd floor of the above public notice, and taken a shower in the shower room for women, using the mobile phone of the Defendant in the above public space, and using the screen image recording function of the video in the above public space, the Defendant taken the image of the victim D (the age of 26) in a shower room for women.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. On May 12, 2017, the Defendant taken a shower image in the shower room for women in the same place as around 23:19, and in the same manner as paragraph 1, the Defendant taken the shower image in the shower room for women.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report investigation (the confirmation of CCTV installed at the scene of the case and the scene of the case);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. The main sentence of 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant, and the first offender is the Defendant.

The defendant shall be the victim.

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