beta
(영문) 대구지방법원 김천지원 2016.02.17 2015고단1476

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

Reasons

Punishment of the crime

1. Around October 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”) entered a public toilet for women of the first floor, B apartment building, Dong-si, Gu, Nowon-si, Seoul, with a view to satisfying his/her sexual desire, such as entering a public toilet for the purpose of meeting his/her own sexual desire, such as photographing a part of the body half of women who entered the apartment building

2. From October 14, 2015 to October 21:50, the Defendant: (a) opened the first floor of the apartment building B, a female public toilet of the first floor, to take photographs; and (b) opened in the private toilet; (c) opened the toilet personal partitions using the Defendant’s mobile phone with the Defendant’s portable phone function to enter the toilet side of the victim C; and (d) taken pictures against the victim’s will, using the Defendant’s mobile phone with the Defendant’s portable phone function, which could cause sexual humiliation or sense of shame; and (c) taken pictures against the victim’s will that could cause sexual humiliation or sense of shame, as described in the separate crime list, from around 11:0 on October 7, 2015 to around 21:50 on October 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Investigation report (for victim C), / Investigation report (for reporting of witnesses D), / Investigation report (including photographs attached thereto) / Investigation report (for reporting of the place of crime, related to attaching photographs of the suspect's cell phone restoration); / Investigation report (for reporting of the place of crime);

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Relevant Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual 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), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.