logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2019.09.09 2019고단591
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

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

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

Reasons

Punishment of the crime

around May 25, 2019, the Defendant: (a) installed a small camera at the inside and outside of the changing body in a female toilet in the “C” building operated by the Defendant B of Gyeonggi-gu, Gyeonggi-do; and (b) tried to photograph the appearance of unspecified women, including victims D (the age of 46). However, the purport was not achieved by the wind that the said small camera was removed by the victim.

Accordingly, the defendant tried to photograph the body of the victim, etc. who may cause a sense of sexual humiliation against his will, but did so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Records of seizure and the list of seizure;

1. Answers on results of digital evidence analysis;

1. The content of conversation;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing the duplication of digital evidence;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes;

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) 1 of the Criminal Act to be confiscated;

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

1. Where a conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information under Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to

Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order or notification order, the degree of disadvantage the Defendant suffers, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

arrow