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(영문) 광주지방법원 2017.05.12 2017고단971
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

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

Reasons

Punishment of the crime

1. On December 12, 2016, at around 10:42, the Defendant found that E (n, 25 years of age) entered a female toilet on the D1st floor located in Mapo-gu Seoul Special Metropolitan City, Chungcheongnam-gu, and that E (n, 25 years of age) would be taken using a camera of mobile phone devices, and then entered a female toilet with a female toilet, and intrudes on the building.

2. Around December 12, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) entered the victim’s female toilets on the D 1st floor located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul, into the side partitions in which the victim’s E reports a balle, and taken the victim’s balle and the balle of the floor space between the floor and the partitions into a balle of the Defendant’s mobile phone (S7 when Samsung Galle-gu) and taken the victim’s balle and the balle of the bridge

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. Application of Acts and subordinate statutes entered in police seizure records;

1. Relevant provisions of the Act on the Punishment, etc. of Sexual Crimes, Article 314 (1) of the Criminal Act on the Selection of Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. When a conviction is finalized against a crime of violating Article 334(1) of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration to be registered, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is a person subject to registration of personal information under Article 42(1)

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