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(영문) 수원지방법원 안양지원 2019.09.20 2019고단1325
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On April 1, 2019, around 20:46, the Defendant entered the toilet column in the toilet for the purpose of photographing the female toilets with the 3th floor of the Gu, in front of the female toilets with the 3rd floor of the Gu.

B. At around 21:19 on the same day, the Defendant entered the toilets of the toilets for the purpose of photographing women’s strings in front of women’s toilets on the fourth floor.

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

2. On September 2, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken the victims six times in total, as shown in the list of crimes in the attached Table, from around April 1, 2019, on a mobile phone with a camera function, the Defendant taken the victim’s buckbucks in the name of the victim, who wear a short lucin pattern, white buck, white bucking, and white bucking in the name of the victim, with a cellular phone with a camera function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (alias) and D;

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. One CD (one CD);

1. Application of the Acts and subordinate statutes concerning the closure of CCTV images at each site;

1. Relevant provisions of the relevant Act and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

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 of the suspended execution is as follows.

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