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(영문) 대구지방법원 경주지원 2021.03.17 2020고단790
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 21, 2019, at around 09:35, the Defendant entered the third side of the left side in the above women's toilets (the second side in the wall) without having a string in order for women to take a melting image, and then, the Defendant, in advance, set up a small-sized camping cocoin, the name "S Qa11" in the model name of the above string line at the bottom of the above string line with the above string line by fixing the string of the above string line using the string lines function.

As a result, the Defendant intruded into public use places such as toilets for the purpose of meeting his own sexual desire, and taken the body of a person who may cause sexual humiliation or shame using a camera or other similar mechanism, against the will of the person to be taken.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Application of Acts and subordinate statutes to a report on the internal investigation of the seizure record and the list of seizure lists (specific the number of a person suspected of committing the crime - CCTV at the EM parking lot) (the analysis of images obtained by obtaining digital evidence analysis of illegal photographing devices)

1. Relevant legal provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply), Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply), and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

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