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(영문) 대전지방법원 서산지원 2019.02.20 2018고단1305
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. On June 13, 2018, the Defendant committed the crime of June 13, 2018, around 14:31, 2018, the Defendant taken one-time the body of the victim who could cause sexual humiliation or sense of shame against his/her will by fixing the Defendant’s smartphone camera, and photographing the body of the victim who, in turn, came from the c Women’s Toilets adjacent to Siljin-si B, the female victim under his/her name, who was the victim’s side partitions in his/her name, with the lower screen.

2. From around 19:20 to around 19:40 on June 15, 2018, the Defendant attempted to photograph the body of the victim against his/her will by fixing the Defendant’s smartphone camera, which might cause sexual humiliation or shame by photographing the body of the victim, but the victim attempted to detect the Defendant’s smartphone camera siren and sound the Defendant’s smartphone siren, and then attempted to do so. The Defendant attempted to take the body of the victim against his/her will, while the Defendant discovered the Defendant’s smartphone camera siren and sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the F;

1. Protocol and list of seizure, results of appraisal by the National Institute of Scientific and Investigative Research, report on investigation (digital forensic results reply), application of Acts and subordinate statutes to photograph of the accused;

1. Relevant Article on criminal facts, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (the occupation of attempted use, photographing, and photographing, such as cameras), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of use, photographing, such as cameras),

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 48 (1) of the Criminal Act of confiscation;

1. It is judged that a sex offense subject to registration is a sex offense subject to the obligation to register personal information under Article 334(1) of the Criminal Procedure Act.

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