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(영문) 부산지방법원 2017.05.31 2017고단1734
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

Punishment of the crime

1. On January 11, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Takings of cameras, etc.) on January 11, 2017, the Defendant invaded into D female toilets located in Busan Shipping Daegu C, for the purpose of meeting the sexual desire at around 6:00, and went into the D female toilets located in Busan Shipping Daegu, and went into the public toilets located in the public spaces, and taken a string of the public partitions, where the Defendant’s personal phone was sealed, and the Defendant was tightly reported by the female under the name of the inner camera with the intention of making up for it.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting sexual desire, and took photographs of another person's body that may cause sexual humiliation or shame by using a camera against his will.

2. On January 12, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into a public place for sexual purposes) entered the 13:07 sexual desire on January 12, 2017, with a view to meeting the sexual desire, and entered the 1st floor female toilet column of the Busan Jin-gu E in Busan, Busan, with a view to meeting the sexual desire, and crying into the 1st floor female toilet column of the 1st floor of the 1st floor of the 2017, with a view to viewing cryp from the upper column of the cryle unfolding face.

Accordingly, the defendant invadeds on public toilets to satisfy sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The application of Acts and subordinate statutes in the report on seizure (voluntary submission), list of seizure, each investigation report, response to results of digital evidence analysis, results of digital evidence analysis;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Article 14 (1) (a point of intrusion into public places for sexual purposes) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with 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. Suspension of execution;

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