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(영문) 광주지방법원 목포지원 2019.02.15 2018고단1133
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 10, 2015, the Defendant sentenced the Gwangju High Court of Gwangju to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), and completed the execution of the sentence on June 19, 2017.

1. On November 6, 2018, at around 14:45, the Defendant entered the first floor female toilets of the C Public Health Center, a public health clinic building, which is a public use place located in B, with the intention to take a melting the body of a woman who is considered a melter in a toilet with a smartphone camera, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) tried to take gallon J3 smartphones, which were used by his/her grandchildren, after intrusion into female toilets at one time and at one place, to take a gallonic body of the victim D (18 years old) who was reporting a change in the gallon within the said gallonic column, but failed to take a wind that was discovered to female employees of the public health clinic, who entered the gallon toilet.

Accordingly, the defendant tried to photograph the body that could cause sexual humiliation and shame against the victim's will, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Police seizure records;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Relevant legal provisions and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes (Influences on places where multiple uses are used for sexual purposes and choice of imprisonment), Articles 15 and 14 (1) cameras, etc. of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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