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(영문) 창원지방법원 진주지원 2019.05.09 2018고단1618

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be ordered to be put on probation for one year.

Reasons

Punishment of the crime

1. On November 17, 2018, at around 17:35, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry of Multitude Space) examined whether there is a person inside a female toilet in front of the first floor of the Jinju City B building, and then entered into the first floor of the said female toilet for the purpose of photographing the appearance of the use of an unspecified female image with a smartphone.

Accordingly, the Defendant infringed on toilets, which are public use places used by many unspecified persons, for the purpose of meeting sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) taken, at the same time as, and at a place as, paragraph (1), his bend, in a manner that does not prevent his scam from blocking the scam of smartphone camera in his hand, and taken the form of the victim C (a scam, scam, 13 years old) who was reporting the scam in the above smartphone camera in light of the upper scamscam with the upper scam and the upper scam of the smartphone camera.

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

Summary of Evidence

1. Defendant's legal statement;

1. A victim video CD;

1. 112. List of reported cases;

1. Investigation report (on the field situation), investigation report (related to CCTV analysis), investigation report (related to response to results of digital siren analysis) (related to response to the results of digital siren analysis);

1. Application of existing Acts and subordinate statutes of a confiscated beer (Evidence No. 1);

1. Relevant statutory provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018);

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