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(영문) 인천지방법원 부천지원 2014.10.08 2014고단1635
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

1. Around November 20, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) reported that the Victim F (Influor, 20 years of age) entered the toilet at the PC, and collected a cell connected to a female toilet for the purpose of photographing the victim’s appearance after entering the female toilet, and then gathering a cell connected to the female toilet for the purpose of photographing the victim’s appearance.

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

2. The Defendant was aware of the victim who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., Camera, etc.) at the same time and place as paragraph (1) of this Article, by inserting a cell phone from a female toilet with a view to seeing the side of the victim by using an inner camera, at the same time and place as paragraph (1).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to photographic Acts and subordinate statutes by capturing a report on investigation (field investigation, etc.), photographs inside and outside the toilets of EPC banks, and CCTV video data installed in EPC banks;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means an attempted use of a camera or a photographer), and the choice of fines;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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