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(영문) 창원지방법원 밀양지원 2020.01.21 2019고단526
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around July 8, 2019, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) (hereinafter “M-G97N”), took a string of female victims’ her cell phone (type: SamsungM-G97N) in the third female toilets of the CPC bank building located in CPC B in CPCyangyang-si, Stackyang-si, StM-G97N), and took a string of female victims’ her cellular phone (type: SamsungM-G97N) in one’s cell phone (type) in one’s own mobile phone,

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

2. On September 8, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) came to a third female toilet of CPC bank building located in CPC bank building in C in CPC bank building in C around 23:30, 2019, and the victim D (influent, 35 years of age) who reported a change in the first common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common

Accordingly, the defendant invadeds on public use places, such as toilets, which are used by many and unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (in relation to field CCTV search), a photograph by cutting off CCTV images, a report on investigation (re-verification of suspect mobile phone digital sirens results), a photograph file output, and a report on investigation (in relation to third floor toilets photographs), etc.;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) 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, and Selection of fines, respectively;

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. Order to complete a program;

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