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(영문) 대구지방법원 서부지원 2018.05.03 2017고단2635
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On May 29, 2017, the Defendant invadedd the structure managed by the victim, following the entrance door, which was kept by the victim, who was not aware of the name located in Daegu-gu Seo-gu C, Daegu-gu around 22:35, and was placed in the second floor female toilets of the D building, which was concealed in the toilet space and did not unfold the appearance of the unspecified women who were able to be able to dived from other partitions, to the second column of the said toilet, and intruded into the structure managed by the victim.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) the Defendant, at around 22:40 on the same day, intended to capture the part of the Defendant’s body off by inserting the cell phone with the function of a camera on the upper side of the above side in order to see this side in the column immediately side of the toilet side in which the Defendant hidden at the location of the preceding paragraph (2) and (40). However, the Defendant was released from the victim and tried to take such part against the victim’s will.

Ultimately, the Defendant attempted to take photographs of another person’s body, which may cause sexual humiliation or shame, using devices similar to the camera, against the latter’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act, the choice of punishment against the crime, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take photographs, such as a camera), and the selection of imprisonment for a crime;

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. Where a conviction becomes final and conclusive for an offense described in Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to provide community service or attend a lecture, which is a sex offense subject to the registration of personal information, the Defendant shall be the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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