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(영문) 대구지방법원 서부지원 2020.05.12 2019고단3462
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than five 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. On October 23, 2019, the Defendant came to the first floor female toilets in Daegu-gu, Daegu-gu around 23:50 on October 12, 2019 in order to steals and photograph that women are able to see the sides.

Accordingly, the defendant invadeds on toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant was waiting to enter the second column of female toilets of the first floor at the same time as the above paragraph 1, and when the victim C (a pseudonym, inn) and six female victims under his name are opened the first column and opened the mobile phone of the Defendant every time when melting the change, the Defendant’s cell phone was cut off from the above or below, and used the above mobile phone camera function to see the victim’s scam or photograph, respectively.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using mobile phone cameras against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Police seizure records;

1. Application of on-site photographs, 112 report processing lists, reports on results of analysis of digital evidence, restoration photographs, digital siren-type CDs, CCTV images, and the Acts and subordinate statutes governing CCTVs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning 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 places for public use by sexual crimes), the selection of imprisonment

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 on the suspended execution (hereinafter “Reasons for the suspended sentence”)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Confiscation.

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