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(영문) 의정부지방법원 2017.07.25 2017고단2138

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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A defendant shall be punished by imprisonment for 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. Around April 11, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) violated the Act on the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) committed intrusion on public toilets in order to make the appearance of the victim D (e.g., the age 27) by intrusion into public toilets for the purpose of meeting the sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.) the Defendant attempted to take photographs of the above victim’s sides, which may cause sexual humiliation or sense of shame as described in paragraph (1), using the camera functions inside his mobile phone at the time and place specified in paragraph (1). However, the Defendant attempted to take photographs of the above victim’s faces sexual humiliation or sense of shame as described in paragraph (1). However, the Defendant attempted to take photographs of the toilet floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Investigation report (for the photographing of the toilet floor and the restoration of moving pictures);

1. A report on the results of analysis of digital evidence;

1. Application of statutes on site photographs;

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, and Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Exposure 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reasons for sentencing under Article 48(1) of the Confiscation Criminal Act include the following: (a) the Defendant violated the victim’s body, which may cause a sense of sexual shame against his will, and thus, the nature of the crime was bad; (b) the Defendant has the power to be punished for a sex offense; and (c) the Defendant did not receive a letter of apology or have not agreed to do so from the victim.