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(영문) 광주지방법원 2018.12.12 2018고단3747
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 4, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) committed unlawful photographing the appearance of the victim D (V, 48 years of age) by putting the Defendant’s smartphone (LG6)’s smartphone (LG G6) into a window and putting the Defendant’s smartphone (LG G6), at around 22:45 p.m., the Defendant tried to photograph or have attempted to do so against another person’s body against his/her will by using smartphones, a machine equipped with a camera function four times in total, as indicated in the list of crimes, from May 20, 2018.

2. Around April 30, 2018, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Intrusion into a public use place for sexual purposes) committed an intrusion on a female toilet, which is a multiple-use place used by an unspecified number of people, on a total of two occasions, from the time to May 20, 2018, including the entry into the above female toilet, in order to illegally photograph the appearance, etc. in which an unspecified female is viewed as melting his/her sexual desire, with a view to meeting his/her own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F or D;

1. List of seizure and protocol of seizure;

1. Application of Acts and subordinate statutes to photographs by reporting the results of digital evidence analysis and capturing the victim video images;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the crime, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Illegal Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the selection of imprisonment or imprisonment;

1. Aggravation concurrent crimes;

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