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(영문) 광주지방법원 순천지원 2019.05.31 2018고단2852
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 6, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry into a place for sexual purpose) in the CPC toilet located in Seo-gu, Seo-gu, Gwangju on July 23:40, 2018, in order to satisfy his/her sexual desire, the Defendant taken the side partitions of female toilets located in Seo-gu, Seo-gu, for the purpose of satisfying his/her sexual desire, and intruded into female toilets used by many and unspecified persons, such as taking a hair back, taking a head in the following side, and viewing the victim’s melting side.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) taken pictures of the victim in a way that, at the time and place under the preceding paragraph, the victim taken a cryp to take a cryp to take the cryp to take the cryp to take the cryp to take the cryp, and then the cryp to the

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A written statement of D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; hereinafter “Special Cases concerning the Punishment, etc.”) applicable to criminal facts and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201);

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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. The instant crime on the grounds of sentencing in the main sentence of Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), refers to the Defendant entering public toilets for the purpose of satisfying his/her sexual desire.

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