beta
(영문) 대전지방법원 천안지원 2018.06.22 2018고단343

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On October 14, 2017, the Defendant did not violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) on the Punishment, etc. of Sexual Crimes, and the Defendant, on around 06:43 October 14, 2017, sent approximately 32 minutes of a toilet by attaching the “Ambin portable Kameras,” to the instant toilets for the purpose of photographing the body of a woman who is viewed as a melting a melter in a cafeteria, which is located on the second floor of Amar City D Building D, in front of a cafeteria operated by him/her, on the second floor of the said toilets. However, the Defendant did not have any person who uses the toilet, and did so.

Accordingly, the defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame, against his will, but attempted to do so.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) committed an intrusion on the above female toilets with a view to meeting their sexual desire by photographing the body of women who are viewed as being melted as above at the time and place set forth in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records;

1. Photographs;

1. Report of investigation (verification of SDR cards) (applicable to statutes;

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) (the attempted use, photographing, such as cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. At the time of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant operated a restaurant of the commercial building, installed a macker in the public toilet in the above macker, and was female visitors of the above macker who used the above public toilet.