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(영문) 인천지방법원 2017.03.23 2016고단7054
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[2016 Highest 7054]

1. A defendant who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using cameras, etc.) entered a victim E (V) in a female toilet on August 9, 2016, the first floor of the D building, Nam-gu, Incheon, Nam-gu, Incheon, on August 9, 2016, and reported the change.

In front of the common side, the cellular phone possessed with the upper door was sealed, and the victim was taken by using the video function of the cell phone to view the common side.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. The Defendant intruded upon a structure with a view to taking the appearance of women to view the tile as above at the time and place indicated in paragraph (1).

[2017 Highest 628]

3. Around September 20, 2015, the Defendant took photographs of the parts of the body of the victims against his/her will from around five times until August 7, 2016, including taking photographs of the parts of the body of a female victim under the name of the victim who was seated in the front line (SM-N90K) of the Defendant’s cell phone (SM-N90K) located in the front line of the Incheon subway No. 1 to the new training station in the subway No. 13:46, Sept. 20, 2015, from around five times until August 7, 2016.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame using the camera and other similar devices against their will.

Summary of Evidence

Each fact of the judgment 1 and 2 [2016 Highest 7054]

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. The 112 Report-Related Department notification, field photographs, etc., toilets photographs and digital evidence analysis.

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