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(영문) 제주지방법원 2016.12.22 2016고단2034
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 30, 2015, at around 11:57, the Defendant entered a female toilet located in Jeju-si, and confirmed that the female victim in the name was able to report melting, and then taken pictures or videos of the body of female victims by 23 times in total from May 13, 2016, by inserting smartphone 2, where the Kamera shooting function is contained, where the Kamera 2, where the Kamera-2, where the Kamera photograph was taken, where the Kamera-2, where the Kamera scam was stored under the bottom, and the victim taken the Kamera-2, where the Kamera-2, where the Kamera-3, where the Kamera-2, was taken

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by intrusion upon a female toilet, which is a public place, or by impairing a structure, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. A report on investigation and a report on investigation (attaching photographs of scene of crime);

1. A report on investigation (whether it falls under the public place of crime);

1. Records of seizure and the list of seizure;

1. Requests for analysis of digital evidence (computerphone) and application of Acts and subordinate statutes on results of analysis of digital evidence;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 14 (1) 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 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;

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

1. To rule that a sex offense subject to registration shall be subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act;

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