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(영문) 대구지방법원 서부지원 2019.09.18 2019고단68

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (or entry by a public official in a place for sexual purposes) shall have served in an office located in Daegu-gu B or the third floor, and the victim C (or 30 years of age) shall be the employee pay of the same company

On December 19, 2018, at around 15:30 on December 15, 2018, the Defendant intruded into the screen of female toilets on the third floor of the above building, and taken the form of the victim who reported melting in side partitions into the Defendant’s smartphone, thereby infringing on female toilets at public places for the purpose of meeting his sexual desire.

2. No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame by using a camera, etc., against his/her will;

그럼에도 불구하고 피고인은 전항의 일시, 장소에서 전항과 같이 여자화장실 내에서 화장실 칸막이 위로 스마트폰의 동영상 기능을 켠 채로 화장실 칸막이 위로 스마트폰을 올려 피해자 C(여, 30세)의 용변 보는 모습을 촬영하고자 하였으나 피해자에게 발각되어 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation (Attachment of field photographs), and investigation reports (the criminal photographs restored to the suspect's cellular phone);

1. Records of seizure and the list of seizure;

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

1. Relevant Article on the facts of crime, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( point of intrusion into places for public use of sexual crimes for sexual purposes), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;