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(영문) 대구지방법원 포항지원 2015.06.25 2015고단148
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) invaded on public toilets with a view to meeting his/her own sexual desire by the same four times, including entering public toilets located at the north-gu public bathing beach at the port at the port, from that time, in order to photograph the appearance of unspecified women who enter his/her cell in his/her cell camera at around 01:02.

2. Around 01:02 on August 21, 2014, the Defendant taken pictures against another person’s body against his/her will, from that time until September 4, 2014, which could cause sexual humiliation or shame in the same way as indicated in the List of Crimes (2) by taking pictures of his/her cell camera images, where it is impossible to identify the victim, who was waiting for the use of his/her mouth, and was out of his/her cell camera, with the identity of the victim who was out of his/her mouth, while being waiting for the use thereof, as described in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of C (a witness to a crime listed in the table No. 4 of the crime committed)

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning the investigation report (hereinafter referred to as the same image);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Punishment, etc. of Specific Crimes for which the relevant law concerning the facts constituting an offense, and the choice of a punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the selection of imprisonment with prison labor);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment stipulated in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the Crimes No. 1 among the crimes listed in the annexed Table No. 1 with the largest punishment].

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