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(영문) 의정부지방법원 고양지원 2019.05.30 2019고단793
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 18, 2019, around 05:04, the Defendant entered into the above female toilets in order to photograph the body of women who are considered to have been used in front of the first floor of the building C in the Goyang-dong-gu, Goyang-si, Goyang-si in order to take a cell phone, around 05:04.

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

2. The Defendant set up a LGM-530K mobile phone with which the victim D (the age of 49) went into the front side square and waits for women using toilets at the same time and place as paragraph (1) and in the second place, and taken the image of the victim against his will, in which the victim D (the age of 49) went into the front side square and carried out the same image function as the front side square.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning data to be cut down;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places for the Public Use of Sexual Crimes), and the choice of imprisonment

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 ( considered as the following favorable circumstances):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the defendant intrudes into female toilets, and the victim changes.

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