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(영문) 의정부지방법원 고양지원 2019.10.10 2019고단1802
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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 April 13, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in a multitude space for sexual purpose) was in front of the “C Park” female toilets located in Goyang-gu, Goyang-gu, Goyang-si, Goyang-si B, in order to take the form of melting the victim D (here, 16 years of age) into a mobile phone to satisfy his/her own sexual desire, and infringed on female toilets, which are public use places, for the purpose of meeting his/her sexual desire.

2. Around 03:25 on the same day, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) taken pictures against the will of the person subject to taking pictures, using a camera or other similar device with a similar function, by carrying out the function of gallon image of S7 mobile phones at the time of galloning Samsung Challon, which was in possession of a flat, by inserting it below the partitions, and photographing the body of the person who is likely to cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the records of seizure;

1. Relevant provisions 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, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places for the Public Use of Sexual Crimes), and the choice of imprisonment

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 48(1)1 of the Confiscation Criminal Act [No evidence 2 is used for the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and no confiscation shall be made] The defendant takes a photograph of the appearance of the victim, who is a high school student, to view the appearance of the victim, and thereby, he/she suffers a great sexual humiliation to the victim.

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