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(영문) 청주지방법원 2020.03.11 2019고단2435
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

No one shall intrude into any public use place used by many and unspecified persons, such as toilets, bath rooms, bathing rooms or kitchens rooms, breast-feeding facilities, and escape rooms, for the purpose of meeting his/her own sexual desire, and take photographs of the body of a person who may cause sexual humiliation or sense of shame against his/her will using a camera or other similar mechanism.

On July 3, 2019, around 16:41, 2019, the Defendant invadedd the above toilets in order to take the image of the victim C (the name of the victim, the age of 19) to be viewed as a virtual phone in the toilet.

On the other hand, the Defendant continued to have taken video images over a single time, which sees the change of the victim’s use of his mobile phone in side partitions.

Accordingly, the defendant invadeds on toilets which are public use places for the purpose of meeting his sexual desire, and photographs the body of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name) and D (tentative name);

1. Relevant Article on the facts of crime, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion upon places of public use for sexual purposes, a choice of imprisonment), and Articles 15 and 14 (

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose or notify personal information, and an order to exempt a sexual crime subject to employment restriction from such order, Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children

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