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(영문) 대구지방법원 김천지원 2016.10.19 2016고단995
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On February 20, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Incheon District Court on February 20, 2014. On January 4, 2016, the Defendant completed the execution of

【Criminal Facts】

1. On July 1, 2016, the Defendant intruded into the building through the follow-up door of the above school in order to photograph female students who are viewed as melting in the toilets, before the D Middle School under the management of victims C (year 52) in Gumi-si B (age 52) around July 1, 2016.

2. From around 12:11 to 12:36 on July 1, 2016, the Defendant taken the body of the victim I (one (one, the other, the 12-year age), who was reporting the urine in the toilets of the third female toilet after the school, by gathering smartphones under the bottom of the toilet partitions, and inserting smartphones into the toilets of the next female toilet.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement to I and J;

1. C’s statement;

1. Seizure records, etc.;

1. Report on investigation (on-site photographs);

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on attachment to A written judgment of a suspect, confirmation of the fact that the person was released from A) shall be made;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (hereafter in this Article, referred to as "famera") and Article 319 (1) of the Criminal Act, the selection of imprisonment with

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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