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(영문) 창원지방법원 밀양지원 2018.01.11 2017고단440
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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. A defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) was in possession of the defendant, on February 19, 2016, in a 2nd female toilet at Pyeongtaek-si C around 21:44, in order to take a female image, and in order to take a female image, the defendant was in possession of the above toilet in an open space.

Gallon taken the body of another person who could cause sexual humiliation or shame on 47 occasions from June 18, 2014 to July 16:30, 2017, using a camerad in 2 mobile phones, in the second column of the victim E (n.e., 19 years of age) which was reported in the second column, against his/her will, and taken the body of another person from around June 18, 2014 to around July 25, 2017.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) and infringed on a structure, at around 21:44, on February 19, 2016, the Defendant intruded into a toilet, which is a structure managed by another person, 15 times from June 18, 2014 to July 16:30, with a view to meeting his/her sexual desire, taking a female’s appearance, such as the foregoing paragraph 1, at the D 2 cafeteria, to satisfy his/her own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F and G;

1. Each statement of E and H;

1. Police seizure records;

1. Photographs of crimes;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes of each investigation report (No. 1,8) (Evidence List No. 1, 8);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the crime, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) (a) of each Criminal Act, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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