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(영문) 의정부지방법원 고양지원 2018.09.04 2018고단1564
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:00 on December 106, 2017, the Defendant discovered that D was entering a female toilet on the E-3rd floor at the time of the strike, and the victim entered the above toilet to take a cell phone to photograph the victim’s melting report on the change into a mobile phone. Around December 10, 2017, the Defendant entered the above toilet to go ahead of D’s screen.

Accordingly, the defendant invadeds on toilets for the purpose of meeting his sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras) the Defendant, at the same time and place as the mentioned in the preceding paragraph, sought to photograph the victim D (at the age of 25) who sees his/her cell phone in his/her cell phone, and tried to photograph the victim.

Accordingly, the defendant tried to take the body of the victim who could cause a sense of sexual shame against his will and attempted to take the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

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. 15156, Dec. 12, 2017); Articles 15 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of public places for sexual purposes) concerning the punishment of sexual crimes; and choice 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 (The following favorable circumstances):

1. Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service and lecture attendance order shows the attitude of the defendant to recognize and reflect the crime in the late and late court, the fact that the defendant agreed with the victim, the defendant has no record of crime exceeding the same kind of crime and fine, and other circumstances after the crime, such as the defendant's age, sex, family relation, motive, circumstance, means, consequence, result, etc.

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