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(영문) 서울서부지방법원 2018.03.30 2017고단3609
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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

1. On September 6, 2017, the Defendant intruded into a structure managed by employees E of the C University for the purpose of photographing the appearance of women, such as the victim D (V, 18 years old), from the 1st floor women’s exclusive toilet for women at the Seodaemun-gu Seoul, Seodaemun-gu, Seoul around September 6, 2017.

2. The Defendant taken the body of another person, who may cause sexual humiliation or sense of shame by photographing the appearance of the victim D (e.g., 27 years of age) against the victim’s will by using a camera installed on the cell phone at the time and place specified in the above paragraph (1), and by photographing the appearance of the victim F (e.g., 27 years of age), and two influences against the victim’s will, using a camera or other similar devices with similar functions, to cause sexual humiliation or sense of shame.

3. The Defendant damaged property, at the time, at the time, and at the place specified in paragraph (1) above, the entrance locking devices owned by the Victim C University were destroyed in the course of cutting off the entrance door of the student center and setting up the entrance door with the victims while a female was discovered to four persons, such as the victim D, etc., and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of an investigation report (as to the breakdown of the entrance door of this building), on-site photographs-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion on buildings), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking pictures by using camera, etc.), Article 366 of the Criminal Act, and the selection of fines, respectively, for the crime;

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. The order of provisional payment;

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