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(영문) 광주지방법원 2019.10.16 2019고단1745
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 11, 2019, around 22:04, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (entry in places for sexual purpose) entered the said women’s toilet in order to illegally take the victim’s melting form of the victim’s melting the sound that C (V, 21 years of age) was entering the next female toilet immediately next to his/her female toilet and to satisfy his/her sexual desire.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amera, etc.) took place in advance the Defendant’s smartphone filmings installed in the above male toilet at a time and time, and intrudes into female toilets as above, the Defendant taken pictures against the victim’s body, which might cause sexual humiliation or shame by using smartphones, a mechanical device with the function of a camera, in which the said victim C was pushed with the above smartphones, and the victim’s body might be exposed to the front door of the partitions, in which the victim C was melted with a string, and the victim’s strings, by photographing the strings of the above smartphones, and caused sexual humiliations or shames using smartphones.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of entry into places for sexual purpose), Article 14 (1) of the Act on Special Cases concerning the Punishment,

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;

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons;

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