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(영문) 수원지방법원 2018.03.22 2017고단7884
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 1, 2017, the Defendant intruded into a female toilet over eight occasions in total, as described in attached Table 1, 3, 4, 7, 9, 11, 12, and 13, from around August 23, 2017 to around the above day, including entering the second roadside column of the above toilets in order to take the image of female 3rd female toilets located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, which came into a female toilet.

2. Around September 22:23, 2017, the Defendant taken a picture of the number of female victims in total 13 times from August 23, 2017 to August 23, 2017, in the column for the second-story female toilets of the third female type of the C building located in Suwon-si, Suwon-si, with the first side section below the first side, in which smartphone was stored and the victim D (n, 24 years old) was found to have taken the shape of the change. The victim discovered that he was trying to take the image of the victim D (n, 24 years old). The victim was unable to bring the smartphone into the wind. From August 23, 2017 to the above day, the Defendant taken a picture of the number of female victims 13 times in total, such as the list of crimes.

Accordingly, the defendant taken or attempted to take photographs of the body of the victim who could cause sexual humiliation or shame by using carmeras against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Report records;

1. A protocol of seizure and a list of seizure;

1. Reports on results of digital evidence analysis and investigation reports (digital sirens results);

1. Application of investigation report (the investigation and investigation of suspects, the date and location of crimes, and the application of Acts and subordinate statutes to unspecified victims);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion on buildings), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of attempted crimes using and photographing cameras, etc.), the selection of imprisonment with prison labor;

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

1. The Criminal Act, the suspension of execution;

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