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(영문) 광주지방법원 순천지원 2015.10.16 2015고단929
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 29, 2014, the Defendant: (a) reported that women’s victim entered D’s public toilets adjacent to “D” in the C market located adjacent to “D”; (b) and (c) caused the Defendant’s desire to take pictures and pictures to have Samsung Ggalno 3 smartphones capable of taking pictures and pictures; and (d) recorded the instant smartphones under the bottom of the toilet partitions in which the victim reported melted; and (b) taken the sound and her flock.

2. On January 14, 2015, the Defendant, at around 20:10 on January 14, 2015, deemed that the victim E (the age of 34) entered female public toilets (the age of 34) and expressed the intent to do so, and caused the instant Samsung Tgalno 3 smartphone to have the said Samsung Tallon juth 3 smartphone, which the victim emblicked into the said smartphone under the bottom of the toilet screen in which the victim reported the melting side.

3. On January 14, 2015, the Defendant, at around 20:25, deemed that the Victim F (age 32) entered female public toilets, around 20:25, the Defendant: (a) placed the said Samsung gallon 3 smartphone; (b) placed the said Samsung gallon 3 smartphone; and (c) recorded the said smartphone under the direction of the toilet partitions in which the victim reported the melting side; and (d) taken the son’s sound and jum.

Accordingly, the defendant taken the body of victims who might intrude into public toilets and cause sexual humiliation or shame for the purpose of meeting their sexual desire against their will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. Application of photographic Acts and subordinate statutes by cutting down each video file;

1. Articles 14 (1) and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his fault in depth and that he has no criminal record of imprisonment or heavier punishment);

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

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