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(영문) 창원지방법원 2017.02.09 2016고단3680
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 25, 2016, the Defendant invadedd a structure into the said toilet for the purpose of taking the body of women who use the building out of the said toilet for the purpose of shooting the body of women who are in the first floor of the shop in the window C of Changwon-si around 22:10, and intrusion against the intent of the said shop manager.

2. A defendant who has failed to comply with the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.) may enter the date and place specified in paragraph (1) and in a place where he/she waits for the subject matter, the victim D (n, 38 years of age) who has been accused.

After performing the function of the mobile phone camera of the defendant who entered the front side of the screen immediately adjacent to it, the victim had been in the lower space below the front section.

Although the victim tried to photograph the body part of the victim's body that may cause sexual humiliation or sense of shame by being sealed with the screen, it was attempted to do so, but the victim was dismissed, and the intention was not achieved.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 15 and 14 (1) (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims Thereof under the column of the law applicable to the indictment) concerning the crime under the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the attempted taking of body of another person, such as a camera, is obvious that it is a clerical error) and Article 319 (1) of the Criminal Act (the taking of a structure intrusion);

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the reflective fact, the crime of using carmeras is committed, and the crime of using carmeras is committed, and the crime of using carmeras is committed, and there is no record of criminal punishment, other than once the penalty

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the Defendant shall comply with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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