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(영문) 인천지방법원 2015.11.04 2015고단5666

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 14, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influoration of public places) violated the Act on the Punishment, etc. of Sexual Crimes (influoration of public places) committed an intrusion on public toilets, such as public toilets, etc., for the purpose of satisfy his/her sexual desire, taking a luorial figure in the first floor female toilets of Seo-gu Incheon, Seo-gu, Incheon Metropolitan City, for the purpose of meeting the sexual desire by taking a luorial figure into consideration by many unspecified women.

2. Around June 14, 2015, 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”) installed a scarmeras at the first floor of female toilets of the above B, and taken a scarmeras (attached Table 44 and 45 cell phones) against the victim’s body who has a scarmer function 45 times from November 2, 2014 to June 20, 2015, such as photographing a scarmeras with a scarmeras in the attached Table 2, such as photographing a scarmeras at a scarmeras at the scarmeras of the first floor of the building B, and then correcting the body of the victims who may cause sexual humiliation or humiliation by using the scarmeras without changing the indictment.

Summary of Evidence

1. Defendant's legal statement;

1. Location-type brush photographs;

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

1. Escopics of crime sights, dynamic images, and photographs;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), the selection of imprisonment with prison labor;

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