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(영문) 창원지방법원 2018.01.16 2017고단3962
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 20, 2017, around 02:40, the Defendant entered the victim D (V, 21 years of age) in the front section of the female-use toilets located immediately adjacent to the male-use toilets of the “CPC room” and the “CPC room” room of male-use toilets, and recorded the cell phone in the front space with the cell space, and taken against the Defendant’s will against which the victim reported the melting side.

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

The application of statutes on seizure protocol of police statements to the defendant's court's protocol of interrogation of suspect D to the defendant

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

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”), even in September 2017, when the defendant was fined by photographing a woman who is viewed as melting a change in the female toilet, the defendant committed the same kind of crime, and the defendant was not able to take advantage of or recover from the damaged person. However, since a camera was seized at the site, there is no possibility that video was leaked to the outside, and the defendant had no criminal record of suspended execution or more, and other various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by the Disposition.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant shall be subject to the registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43 (1) of the same Act.

An order for disclosure;

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