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(영문) 인천지방법원 2015.06.03 2015고단1826
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Around 00:32 on March 21, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) went into the first floor female toilet of the Yeonsu-gu Incheon Metropolitan City (Seoul) in order to take a baline image for women.

The defendant, in order to photograph the victim's name unfortunate female, operated his mobile phone camera in order to take a melting image of the victim's name, and taken a picture into which the victim saws a hand to the upper part of the toilet in which the victim entered.

B. In addition, at around 00:44, the Defendant tried to photograph a sponse in which the victim E (a female, 19 years of age) was able to bleep in the same way in the above female toilets, but was discovered by the victim and attempted to commit the crime.

Accordingly, the Defendant attempted to photograph another person’s body, which could cause sexual humiliation or shame, by using a camera or other similar mechanism, against his will, or attempted to photograph another person’s body.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence to public places) invaded on public toilets with a view to meeting the sexual desire as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to capture photographs of dynamic images stored in the suspect's mobile phone;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Criminal Crimes, Article 14 (1) ( point of taking pictures by Kameras), Articles 15, 14 (1) ( point of attempted taking pictures by Kameras), 12 ( point of intrusion into public places for sexual purposes) of the same Act, 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. To be subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act;

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