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(영문) 대전지방법원 논산지원 2014.10.21 2014고단298
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmers, use and photographing) and intrusion;

A. At around 23:41 on December 14, 2013, the Defendant: (a) entered the main room of “D” female toilets located in C, Masan-si, and took photographs against the victim’s body, which could cause sexual humiliation or sense of shame, by photographing the image of the victim’s body using the mobile phone camera photographing function, in which the victim E (n.e., 27 years old) was able to be able to be able to be able to have chilled up and melt up for 30 minutes; and (b) the victim’s body was able to cause sexual humiliation or sense of shame.

B. The Defendant intruded into a female toilet possessed by the victim F, an employee of the said main shop, in order to take a photograph of the body of women who see the change at the time and place described in the preceding paragraph.

2. On December 31, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) intruded into female toilets as stated in paragraph (1), which are public toilets, with a view to photographing the body of women, who are viewed as being melted at around December 21, 2013, to satisfy their sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the police officer in relation to E and F;

1. On-site photographs, investigation reports (including investigation reports on chairss), investigation reports (including photographs attached thereto), seizure records (sites), seizure lists, reports on digital evidence analysis records, or application of video-related Acts and subordinate statutes;

1. Relevant legal provisions and the choice of a sentence on the crime: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that choose to be sentenced to imprisonment with prison labor (the point of photographing them, such as a camera), Article 319 (1) of the Criminal Act (the point of intrusion upon public places with sexual purpose) Article 12 of the Act on Special Cases concerning the Punishment, etc.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Probation and Order to complete Training.

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