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(영문) 의정부지방법원 고양지원 2013.07.05 2013고단735
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 29, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Ulsan District Court on June 29, 2009, and was sentenced to a fine of two million won by the Seoul Central District Court on January 4, 2013.

Criminal facts

On March 19, 2013, at around 19:15, the Defendant entered the toilet in the fourth female toilets of the Goyang-gu, Gyeyang-gu, Gyeonggi-do, the fourth floor of the C building of Goyang-gu, Gyeonggi-do, and listened to the sound intending to see the victim D (n't, 36 years of age) and melting the side, and taken the cambling of the victim who could cause a sense of sexual shame by putting the cam specified in the cell phone inside the Defendant’s cell phone under the bottom of the toilet screen, and bring the cambling of the victim against his

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. E statements;

1. Police seizure records;

1. Application of the Acts and subordinate statutes requesting photographs and analysis of digital evidence;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); the choice of imprisonment, etc. concerning criminal facts

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

1. Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Probation Agency;

1. The defendant's defense counsel regarding the claim of mental suffering from mental illness under Article 48 (1) 1 of the Confiscation Criminal Act asserts that the defendant committed the crime in this case under the lack of the ability or decision-making ability to discern the mental disorder symptoms, such as the diversified disorder, etc. at the time of the crime. Thus, in light of various circumstances, such as the background, means and method of the crime in this case, the defendant's behavior after the crime in this case did not have the ability or decision-making ability to discern things at the time of the crime in this case.

Since it seems that it does not seem to have reached a state or weak, the above assertion is accepted.

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