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(영문) 청주지방법원 충주지원 2017.04.14 2016고단913
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around August 2016, the Defendant, at D male toilets located in Eunpyeong-gu Seoul Metropolitan Government around August 2016, operated a video photographing function in mobile phones (S7 when gallon gallon) owned by the Defendant in order to take the image of the victim’s name in the side partitions of the Defendant, and taken the image of the victim by putting the toilet partitions in an open space between the floor and the floor.

2. On September 2, 2016, at around 12:45, the Defendant, in order to take a image of the victim G (S7) coming from a F male toilet located in E, Chungcheongnam-si, in order to view the above sides of the victim G (31 years of age) coming from the Defendant’s side, the Defendant operated a video photographing function of the Defendant’s mobile phone (S7 in a gallon road) and taken the image of the victim by putting it into a toilet screen and a space between floors and the floor space.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. A photographic description (CCTV screen, on-site photo, handphone photographic, and toilet photograph of Eunpyeong-gu);

1. A report on requests for digital evidence analysis and on results of digital evidence analysis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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 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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration, which is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, the accused becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused submits personal information to a related agency pursuant to Article 43 of the same Act.

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