beta
(영문) 인천지방법원 2017.11.29 2017고단6845

건조물침입등

Text

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 July 24, 2017, around 18:55, the Defendant intruded into a structure managed by other persons by entering a female toilet with the third floor of the building D in Gyeyang-gu Incheon Metropolitan City in order to take melting the meltion of women.

2. They shall not photograph the body of another person against his/her will, using machinery or equipment having a similar function, such as a camera, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) or any other similar function;

피고인은 제 1 항의 일시, 장소에서 제 1 항과 같이 여자 화장실 용 변 칸에 들어가 피고인의 스마트 폰 카메라를 이용하여 피해자 E( 여, 27세) 가 용변을 보는 모습을 피� 의 의사에 반하여 촬영하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of intrusion on buildings), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using and photographing cameras, etc.) and the choice 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. Where a conviction against a defendant is finalized for committing a crime in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment that is a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The above crimes which cause the registration of personal information and the remaining crimes shall be punishable.