beta
(영문) 수원지방법원안양지원 2020.12.11 2020고단1358

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2020, the Defendant entered a female toilet located in the first floor of the Gu B building in Ansan-si on March 12, 2020, and taken the body body of the victim C (one of the victim), who was able to get off the cell phone with the inner function of the Kamera from the upper gate, and reported on the use of the Kamera in the upper gate. On March 14, 2020, on March 17, 2020, the Defendant moved the cell phone with the inner function of the Kamera from the front gate in the Kamera-si located in the Kamera-si. On March 14, 2020, the Defendant moved the body of the victim from the front Kamera-si with the victim's cell image, and taken the body part of the victim from the front Kamera-si to the front Kamera-si's cell on March 14, 2020.

Accordingly, the Defendant, as seen above, intruded into the public use area for the purpose of meeting his sexual desire through three times, and taken the body of the victim who could cause sexual humiliation or shame using a cellular phone with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (alias) and F;

1. Application of on-site photographs, photographs capturing a victim, and Acts and subordinate statutes to capture on-site CCTVs;

1. Articles 14(1) (a) (a) and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) against criminal facts, Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of entering places by which sexual purpose is multiple) and selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses;