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(영문) 창원지방법원 2016.03.15 2015고단2981

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is a person who operates a 'D' restaurant on the second floor of Sungwon-si, Sungwon-si, Sungwon-si.

On October 5, 2015, at around 15:53, the Defendant, in a female toilet located on the second floor of the above C commercial building, entered a balle column in order to see the appearance of women in which women are melting the balle, and then concealed until women come into the balle column in order to see the balle, and see the sound coming from the balle column in order to see the balle of the victim E (nive, age 23) to see the balle, and taken the balle column of his mobile phone with the balle function, followed a cell phone into the balle column, and taken the balle column to see the ballebine.

Accordingly, the Defendant intruded on public toilets for the purpose of meeting his sexual desire, and took photographs of another person's body that could cause sexual humiliation or shame by using devices with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (a point of intrusion into public toilets for sexual purposes), and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing another person's body, such as

1. Selection of each sentence of imprisonment;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Jan. 1, 2011>

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Where a judgment on the registration of personal information of Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused shall be a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall have jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.