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(영문) 창원지방법원 진주지원 2015.09.08 2015고단710

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On July 17, 2013, the Defendant was sentenced to a suspended sentence of two months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera”) in the Jinwon District Court’s Jinju branch on August 17, 2013, and was sentenced to a suspended sentence of two years for the same crime, etc. in the Jinwon District Court’s Jinju branch on December 10, 2013, and was sentenced to a suspended sentence of two years for the same crime, etc. on March 12, 2014, and the said sentence became final and conclusive on November 19, 2014, and the execution of the said suspended sentence was terminated in the Jinju Prison.

【Criminal Facts】

1. On July 23, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influoration into public places) infringed on public toilets for women on the second floor of the agricultural products wholesale market in Jinju-si, Jinju-si, 1689, with a view to taking a small number of unspecified women’s form in a toilet to satisfy the sexual desire by installing a small-sized Ramera (HD MINI Camer).

2. The Defendant attempted to photograph a body of an unspecified number of women against their will, at the time and place specified in the foregoing paragraph (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., Cameras), which might cause sexual humiliation or shame, by installing a small-sized mermeras in the said public toilets, at the same time and place. However, the Defendant did not commit an attempted crime upon reporting by the person who discovered the said mermeras.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs, each investigation report, evidence photographs, CCTV photographs, CCTV CDs;

1. Existence of one (No. 1) of the small-sized MINAmeras (HD MINImeras) seized;