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(영문) 수원지방법원 2018.12.20 2018고단4629
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

On May 10, 2018, the Defendant: (a) operated the top-way camera function of subway No. 1 line D, subway No. 1 in Suwon-si, Suwon-si, and (b) taken the Defendant’s cell phone No. 6S mobile phone No. 1; (c) taken the front of the Defendant’s person’s name by inserting the cell phone with the fluor of a female victim’s fluor; and (d) taken the front of the Defendant’s body fluor’s name and the fluor’s body fluor’s body fluor’s body fluor’s body fluor’s body fluor’s body fluor’s body fluor, etc. from around 19:22 on April 22, 2018 to May 11, 2018, as indicated in the list of crimes attached hereto.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a criminal investigation report (limited to cell phoness of seized articles, cell phoness of suspects, and photographs of an extracted unlawful photographic image), and to caps of video images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to submit such information becomes final and conclusive, the accused is 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, and recidivism of an order of disclosure and notification shall be exempted.

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