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(영문) 의정부지방법원 2013.11.05 2013고단2968
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On August 24, 2013, around 08:30, the Defendant found that the victim F (n, 31 years of age) entered before the third-class male toilet of the Ehigh school located in Do Government-si D, and that the victim followed the victim and entered the above toilet to view the melting side, the Defendant brought the form in which the victim considers the melting side within the partitions through the gap between the above partitions and the toilet floor.

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

2. On August 24, 2013, around 08:35, the Defendant: (a) determined that a female under the name of the Defendant was in front of the fourth female toilet of the above E High School; and (b) entered the said toilet and stayed approximately 40 seconds.

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

3. On August 24, 2013, around 08:41, the Defendant found that the victim referred to in paragraph (1) was entering the said female toilet in front of the fourth female toilet of the above Ehigh school, and that the victim followed the victim, and that the victim took the image of the victim by using the mobile phone image photographing function of the Defendant while the victim reported melting in the partitions.

As a result, the defendant intrudes on public toilets for the purpose of meeting sexual desire, and photographs the body of the victim who could cause sexual humiliation or shame by using mobile phones against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs;

1. CCTV image data;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera);

1. Selection of each sentence of imprisonment with 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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