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(영문) 부산지방법원 서부지원 2018.02.13 2017고단1884
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 8, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) entered a female toilet located in Jung-gu Seoul Metropolitan Government Jung-gu, Jung-gu, Seoul, with a view to taking a blickphone to take a blick phone.

Accordingly, the Defendant infringed on public places, which are public toilets, for the purpose of meeting his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), taken another person’s form using handphones over four times in total, as indicated in the list of annexed crimes, in a total of four times, in which the Defendant took a video recording of handphones, in which Handphones listed above the dynamics function in front of the front line, and functioned in front of the front line in front of the front line, from the front section of the front line in the space of the time mentioned in paragraph 1.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

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

1. Investigation report (case concerning the moving of the suspect);

1. Application of Acts and subordinate statutes to investigation reports (case of carmer analysis);

1. Relevant Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), and the choice of imprisonment with prison labor, respectively;

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 suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. To decide on the registration of personal information under Article 48(1)1 of the Criminal Act, which is subject to confiscation.

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