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(영문) 수원지방법원 2017.11.23 2017고단6270
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

1. On August 9, 2017, the Defendant violated the room: (a) entered the second female toilet with the 'E' located in Ma-si Ma-si Ma-si Man-si Man-si Man-si on 14:57 on August 9, 2017; and (b) entered the victim F (M, 26 years of age, Ga name) in order to take a melting image, and entered the said female toilet.

Accordingly, the defendant invadeds on the room possessed by the injured person.

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) Defendant 1 set up the Defendant’s mobile phone image photographing function in the space and time under the above paragraph (1), and set up the Defendant’s mobile phone image photographing function in the space, in which the said victim is melting the side of the victim, and tried to take the image of the victim’s cell phone by going through a changeer and pushing the cell phone with a width, but it did not bring about the intent to take the image of the victim’s face, which is deemed to be melting the wind of the victim.

Accordingly, the defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

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

1. The application of Acts and subordinate statutes to reports on results of digital evidence analysis and results of digital evidence analysis;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by rooms), Articles 15 and 14 (1) (the point of attempted use, photographing, such as cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines for crimes;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the aggravated punishment for concurrent crimes, such as carmers) ;

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

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

1. Registration and notification of personal information of § 334(1) of the Criminal Procedure Act in the provisional payment order.

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