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(영문) 대전지방법원 2018.12.20 2018고단3761
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. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) around 02:40 on August 5, 2018, the Defendant reported the c cafeteria 1st floor of male and female public use toilets in Seo-gu Daejeon, Daejeon, to see the melting side of the victim D (inn) and returned to the toilet again in order to take the melting side of the victim after going out of the toilet.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant took a ballon picture with 8 mobile phones in a gallon thallon, which is between the date and time set forth in paragraph 1, and the space between the allon and the toilet floor space, and the gallon thallon thallon thallon thallon thallon thallon

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements prepared in D;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to a report on the occurrence of a report (for example, cameras, etc.), a field photograph of the case at the time of dispatch, a log photograph of the 112 report, a criminal investigation report, a criminal investigation report (information on the suspect's name in telephone conversations), a CCTV photograph, an escape guide, a criminal investigation report (related to an application for arrest warrant and search warrant), a criminal investigation report (related to an application for arrest warrant and search warrant), a suspect cell phone photograph, and a digital evidence analysis report;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes (a point of intrusion into places for public use for sexual purposes), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of view, such as a camera, etc.).

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