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(영문) 수원지방법원 성남지원 2019.08.27 2018고단3024
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 3, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) is clear that the “20:33” as stated in the indictment is a clerical error in the indictment around 01:07, and even if the Defendant revises it ex officio without any amendment procedure, it is not likely to cause substantial disadvantage to the Defendant’s exercise of his/her right to defense. Thus,

In the case of women's toilets in the 1st floor of the subdivision-gu Seoul Metropolitan City, Sungnam-si, the female chips were chiped up to the front side of the above women's toilets with a view to meeting their sexual desire by taking a string of the strings to view the strings.

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

2. 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”) taken, at the same time and at the same place as the above paragraph (1), a photographed by the victim C (the victim, the 29 years of age) in the column above the victim’s cellular phone from the side space to the melting side of the victim’s cell phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. One CD of CCTV (18 pages of investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (request for geographical identification and security of CCTV images);

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 former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of imprisonment with prison labor;

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

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