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(영문) 수원지방법원 안산지원 2016.09.21 2016고단3109
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

1. On March 13, 2016, the Defendant taken pictures against the victim’s will, where he/she had shoppingized in Suwon-si B, where he/she had been in possession of three-story female uniforms stores at C department stores, using a camera located in 5S, of the victim DNA (n).

2. On July 2, 2016, around 13:02, the Defendant taken a photograph of the part of the victim G (n) by using a camera located in 5S, which was in possession of an escalator and operated between the 1st floor and the 2nd underground floor of “F” and the 2nd underground floor of “F”, against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G and D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the F inctv course;

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. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (not yet agreed with the victims, but considering the confession and reflectability of the defendant, the fact that the defendant is the first offender, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

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

1. As to each crime of a sex crime subject to registration and submission of new information under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which shall not disclose and notify personal information in consideration of the initial crime, family relationship, and name, etc.).

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