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(영문) 수원지방법원 2017.03.16 2016고단7119
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for six 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 February 28, 2015, around 13:16, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), took photographs of the direction of Kamerasp, using the Defendant’s mobile phone recording function, by going back to the end of a woman’s flag and going under the direction of Kamerasp, by taking a black short flag, from the subway 2 lines of subway lines G located in Guro-gu Seoul Metropolitan Government.

From around that time to October 16:55, the Defendant taken the physical parts, such as H station, I station, and J station, using video images against their will, as described in the attached list of crimes, in a total of 30 times, such as those listed in the attached list of crimes.

2. On September 17, 2016, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) infringed upon a female toilet, which is a public place, with a view to detecting female women entering a female toilet by having a short-stample, and detecting the appearance of the victim’s sexual desire in a mobile phone camera with an intention to satisfy the Defendant’s sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (Attachment of seized photographs), investigation reports (Attachment of photographs of screen pictures related to crimes), investigation reports (the current status of installation and management of toilets in the L market);

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 14(1) (a) and 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion upon public places for sexual purposes), and the choice of imprisonment with labor

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 62-2(1) of the Criminal Act regarding community service order.

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