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(영문) 인천지방법원 부천지원 2014.11.24 2014고단2725
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On August 19, 2014, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (influence in public places) entered the first floor of a commercial building located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, in order to look at the appearance of women, or entered the said female toilet in order to take a photograph thereof.

Accordingly, the Defendant infringed on public toilets, which are public places, for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras) did not reach the body of the victim, while the victim C (V, 30 years of age) tried to photograph the body of the victim using the dynamic image function of the opon 5 mobile phone cell phones in possession of the Defendant after having knicked knick with the toilet partitions in which the victim came into a toilet at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means an attempted use of a camera or a photographer), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 a related agency pursuant to Article 43 of the same Act.

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