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(영문) 창원지방법원 2013.06.25 2013고단487

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On November 28, 2012, the Defendant taken the bucks of women, whose name cannot be known, using a mobile phone camera in the library located in the third floor of Cuniversity, a three-story college, which is located at the window B of the Changwon-si, Changwon-si.

B. On December 4, 2012, the Defendant taken the bucks of women, whose names cannot be known using the cell phone camera at the places indicated in the above paragraph (a) on a time unfluence.

C. On December 9, 2012, the Defendant taken the buckbucks of women, whose names cannot be known by using the cell phone camera at the places indicated in the above paragraph (a).

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing), and intrusion on a structure;

A. On January 7, 2013, at around 13:28, the Defendant: (a) was female toilets in the third floor of C University Symna University Sym University, which is located in B of Changwon-si, with the third floor; (b) taken the image of the said victim’s body by using the cell phone camera prepared in advance by intrusioning the body of a female in which it is impossible to identify the victim’s name through the entrance of a female toilet with a view to photographing the body of the female in a camera, and by using the cell phone camera prepared in advance.

B. At around 11:50 on January 8, 2013, the Defendant took a photograph of a woman who was unable to know the victim’s name by using a cell phone camera prepared in advance by intrusioning upon the same method at the places described in the above paragraph (a).

3. A criminal attempt to commit a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), and a criminal defendant who intrudes into a structure on January 22 and 30, 2013, using a cell phone camera installed by the same method and used in the same place as the place mentioned in the foregoing 2-A, and attempted to have the victim D (the age of 22) out of his/her lower rank and her baline taken by using the cell phone camera prepared in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Seizure records;

1. Results of digital evidence analysis;