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(영문) 의정부지방법원 2019.05.16 2019고정135
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 19, 2018, the Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, entered the first floor of the above building into a female toilet for the purpose of sexually viewing women’s melting the appearance of melting women on the 1st floor of the Guri-si B building at around 13:45 on September 19, 2018.

Accordingly, the defendant invadeds on toilets for the purpose of meeting sexual desire.

2. Around September 19, 2018, the Defendant was waiting to enter the female toilets as set forth in paragraph (1) in light of the following: (a) hearing that the injured party C (hereinafter “C”) entered the side screen; and (b) taking the image of the injured party using the above mobile phone camera function in his/her mobile phone with his/her cell phone set on the front screen, but did not take the image of the injured party’s use of the above mobile phone camera function.

As a result, the Defendant tried to take the body of the victim who sees a sense of sexual shame by using carmeras or other similar devices with similar functions, and attempted to take the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of ct-V photographs Acts and subordinate statutes

1. Relevant provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places for public use for sexual purposes), Articles 15 and 14 (1) (a) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply), and the selection 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

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