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(영문) 창원지방법원 밀양지원 2019.07.11 2019고단151
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who works in Si, Gyeong-gun, and Gyeong-gun.

On January 27, 2019, at around 10:25, the Defendant installed a small camera at the inside side of the entrance section of the 2nd female toilet.

At around 14:29 on January 27, 2019, the Defendant, using the above small camera, taken a studio in which female victims in non-name were able to breath off, using the above small camera, and taken a studio for 27 times in total from around that time to January 13:28, 2019, as shown in the list of crimes in attached Form C, in which female victims were able to see her mouths, using the side column of the entrance of female toilets of the 2nd floor C, as shown in the list of crimes in attached Form C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, E, F, G, H, I, J, K, K, and L;

1. Records of seizure and the list of seizure;

1. Investigation reports (to be accompanied by photographs, such as the field, camera, etc.), site, camera photographs, etc., investigation reports (investigation of dynamic images stored on SD cards), recording date and time lists by screen images, photographs, investigation reports (attached to photographs of the purchase details of cameras), purchase details of cameras, investigation reports (Attachment to photographs of the purchase details of cameras), small cameras and SD cards;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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;

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

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

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