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(영문) 의정부지방법원 고양지원 2020.02.18 2019고단3566
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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. Around 00:10 on March 23, 2019, the Defendant took photographs of the body of the victim D (the age of 47) who could cause a sense of sexual humiliation or shame using a camera or other similar device with similar function against the victim’s will by carrying out the function of the galthal ju City S8 mobile phones used in a usual toilet located in B “C” outside the public toilet located in B, thereby keeping the partitions fast up to be tightly, and photographing the body of the victim D (the age of 47) who was reported at the same time against the victim’s will.

2. At around 00:20 on March 23, 2019, the Defendant stolen LGV 535 smartphones owned by the victim, equivalent to 600,000 won at the victim’s hand, in order to prevent the occurrence of any defect in the victim’s face to be taken by the victim E, who was aware of the aforementioned recording at the same place as in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the relevant criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (hereafter referred to as "carmer photographs"), Article 329 of the Criminal Act, and the choice of imprisonment with labor

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The Defendant, on the grounds of sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, taken a visual image of the victim’s boom from toilets.

As the safety of women in public toilets becomes social issues through the crossing of these crimes, the crime is committed.

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