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(영문) 수원지방법원 2017.09.28 2017고단4801
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a staff member working at the D gas station in Suwon-si C.

On May 11, 2017, the Defendant, at around 18:55 on May 11, 2017, screened the body part of the victim’s body using LGVV20 smartphone to a female who is a customer who is the driver of the gas station, and taken the body part of the victim six times in total from around that time to around the 17th day of the same month, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the police for E, F, G, and H;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. 13 (a specified ten victim as a double victim) the restoration video on the screen;

1. Investigation report (for data to restore digital siren evidence analysis);

1. Investigation report (investigation into victim I telephone);

1. A photograph of the screen No. 5,67 photograph No. 5,000 a.m. of the crime sight;

1. Application of Acts and subordinate statutes to a report on investigation (the preparation of a list of victims and crimes);

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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act takes into account the method and frequency of the instant crime, the frequency of the crime, the victim’s intent to punish the victims, etc. However, taking into account the following factors: (a) the Defendant reflects the mistake; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant has no record of criminal offense exceeding the fine; and (d) other records, such as the Defendant’s age, sex, environment, circumstances of the crime,

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