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(영문) 서울북부지방법원 2016.02.15 2015고단3258
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The same year after May 21, 2015, the defendant who intrudes on a structure;

7. 2. Around 16:00, women's toilets in Gangnam-gu Seoul Seoul Metropolitan Building 2, with a view to photographing the appearance of women's toilets, folding off the side of women's toilets, and intrudes into the structures managed by others twice.

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a camera and other crimes);

A. On May 21, 2015, around 16:40, female toilets on the 2nd floor of the above C commercial building, in order to take a cell phone camera with the body part of the victim D (one name, half, and nine years old), which is viewed as being melted by the side partitions, the screen picture camera is opened in order to take a cell phone camera with the body part of the victim D (the name, half, nine years old), and then the toilet is click with the toilet break, but the victim is click with the wind.

B. On July 2, 2015, around 17:00, the victim’s body was taken against his/her will, by photographing his/her cell camera with a cell phone camera with which he/she had his/her body part, such as am, am, etc., in which the toilet can be seen as being melted in the side partitions due to the gap between the toilets, the victim’s body was taken against the victim’s will, which might cause a sense of sexual shame using the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 319(1) of the Criminal Act and Article 319(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the commission of each building and each fine), Articles 15 and 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the commission of taking photographs, the selection of fines), Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the commission of taking photographs, the selection of fines, etc.) [ though the victim, including a person who has not been killed in name, failed to take care of the victim, but in particular, the crime against the victim is committed in attempted crimes (the victim’s attempt to commit a crime without awareness that he is a child), and the defendant acknowledges that the victim was a first offender.

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