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(영문) 수원지방법원 성남지원 2018.10.12 2018고정685
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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. No person shall photograph the body of another person against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, at around 11:55 on January 25, 2018, the Defendant taken the body of the female victims who had been melted twice until 22:00 on the same day as written in the list of crimes in the attached Table, in order to take a photograph of the body of the female victims who had been melted by the camera function inside the building in Gwangju City, by entering a female toilet on the second floor of the above building in order to take a cell phone.

2. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (violation of public places for sexual purposes) shall intrude into any toilet, bath, bath, or launching room, breast-feeding facility, sloping room, or other public use places used by many and unspecified persons, or refuse to comply with a request for eviction from the same place, with intent to satisfy his/her sexual desire;

Nevertheless, around 22:00 on January 25, 2018, the Defendant entered a female toilet on the first floor of the above building in order to photograph the body of a woman who is viewed to be melted with a cell phone with a key function inside the building located in Gwangju City. Accordingly, the Defendant intruded into a female toilet with a view to meeting the sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Application of investigation reports (in response to results of digital evidence analysis), investigation reports (in addition, specific victims) Acts and subordinate statutes;

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

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