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(영문) 수원지방법원 안양지원 2020.06.19 2019고단1699
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On April 13, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in a public place for sexual purpose) infringed on a woman’s appearance to photograph a female’s appearance by using his/her cell phone camera, when he/she came to a public toilet for male and female residents in the first floor located in the Gu B during the Gyeyang-si period.

In order to achieve his sexual purpose, the Defendant intruded on public use places used by many unspecified persons.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) contained a cell phone below the screen in order to photograph the appearance of a victim C (a person, a person, and a person aged 26) (a person, an age 26) who is reporting a meltion in his mobile phone from the side surface of his mobile phone.

However, the victim discovered the cell phone of the defendant who entered the following partitions, and the defendant, who has discovered the cell phone, escaped the toilet.

Accordingly, the defendant tried to photograph the body of the victim who could cause sexual humiliation or shame against the victim's will, but did not commit an attempted wind, which was detected by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness C;

1. Photographs of the case site;

1. Application of investigative reports (verification of CCTVs for Suspects) Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 15 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply), Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;

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

1. An order for disclosure and notification;

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