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(영문) 전주지방법원 2017.03.10 2016고단2503
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On October 10, 2016, around 16:44, the Defendant intruded into a female toilet on the 34th floor located in Yansan-gu, Yancheon-gu, Seoul. In addition, the Defendant invadedd into a female toilet on six occasions by the same method from October 21, 2016, including entering the shape of the melting female women for the purpose of taking melting them from side partitions to side, as described in the list of crimes in the attached Form.

2. Around October 16:44, 2016, the Defendant: (a) taken pictures against the victim’s body, who might cause a sense of sexual humiliation or shame, from a female toilet located in the above C4th floor to his/her studio on October 16:4, 2016; and (b) taken pictures against his/her will, as indicated in the list of crimes in the attached Form, of the victim’s am, which is capable of causing a sense of shame by using the upper space of the partitions, from the time when the victim’s ambry functioned in the upper space, from the time when the victim’s ambry functioned in the upper space, was exposed to his/her will; or (c) tried to take pictures against the victim’s will that might cause a sense of sexual humiliation or shame, or the victim attempted to take the victim’s ambane in the same way until October 19:57, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each internal investigation report (in the situation at the time of dispatch to the site, relation to the field photographing, confirmation of moving pictures stored in a mobile phone, and attachment of screen pictures and screen pictures for restoration as a result of digital analysis);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion on buildings, choice of imprisonment), Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using or photographing cameras, etc., choice of imprisonment), Articles 15 and 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of attempting to use or photograph cameras, etc., and choice of imprisonment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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