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(영문) 청주지방법원 2014.12.12 2014고단1377
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

1. On February 2012, 2012, the Defendant: (a) installed a camera in the form of a black box using mobile phone exhaustor as electric source on a lid from the first column of women’s toilets C2nd in Heung-gu, Young-gu; and (b) taken a screen of the victim D (n, 25 years of age) working for the same company using such camera.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

2. On September 4, 2014, the Defendant: (a) installed a camera at the same place as indicated in paragraph (1) in the same manner; and (b) taken a bridge where the victim E (n, 33 years of age), the victim F (n, 27 years of age), who works for the same company using the camera, viewed the boom.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D, E, and G;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

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

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 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed by the Defendant to take pictures that cause sexual humiliation of victims by creating a camera in a company female toilet.

However, the defendant reflects wrong and has no record of the same kind of crime.

After committing the crime, the Defendant voluntarily surrendered to the investigation agency, and agreed with the victims.

In addition to this point, the defendant's age, character and behavior, details and contents of the crime, and circumstances after the crime.

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