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(영문) 서울서부지방법원 2017.05.10 2016고단4057
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 29, 2016, the Defendant: (a) around 08:54, around 08:54, reported that the victim entered the 1st floor female toilet of Yeongdeungpo-gu Seoul Metropolitan Government, a female victim entered the 1st floor female toilet; and (b) entered the victim to take a urine to view the urine; and (c) the victim taken a urine from the side column of the toilet column where the urine is viewed as the urine; and (d) taken a urine to the upper part of the toilet column where the victim was the victim, and taken the urine to determine whether the victim was damaged by Aphone S6 mobile phone owned

As a result, the Defendant intruded into the toilets owned by the damaged person, and taken the body of another person, who could cause sexual humiliation or shame, against his will.

2. On November 10, 2016, around 17:20, the Defendant: (a) entered the victim G in the F6 female toilet located in Mapo-gu Seoul Metropolitan Government, and (b) entered the victim to take a urine to view the urine; (c) taken the urine back from the side of the toilet partitions that the victim sees the urine, and taken the urine to the upper part of the toilet column in which the victim is the victim, and taken the son to check out his hand to the upper part of the toilet column in which son owned by the Defendant, thereby leaving the son S6 mobile phone, and viewed the urine.

As a result, the Defendant intruded into the toilets owned by the damaged person, and taken the body of another person, who could cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records;

1. Application of Acts and subordinate statutes to the investigation report (Submission of evidentiary photographs);

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion by rooms), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of body photographing a camera), and the choice of imprisonment with prison labor, 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. An order to attend a course;

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