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(영문) 대구지방법원 김천지원 2016.12.21 2016고단1750
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On February 20, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Incheon District Court on February 20, 2014. On January 4, 2016, the Defendant completed the execution of

【Criminal Facts】

1. On June 10, 2016, around 14:07, around 14:08 on June 20, 2016, and around 12:27 on June 23, 2016, the Defendant intruded into a building to photograph female students, who are considered to be melted from toilets, in front of the DNA middle school under the management of victims C, respectively.

2. Around 14:07 on June 10, 2016, the Defendant taken pictures against his will of the victims who might cause sexual humiliation using a camera function, such as the attached list, from around 30 times to June 15:03, 2016, the Defendant taken pictures of the body of the victims who might cause sexual humiliation using a camera function as indicated in the annexed list, including taking pictures of the body of the victims, where the name of the victim cannot be known who was reported urine in the toilet partitions by inserting smartphones under the bottom of the toilets in the toilets for women’s toilets of the third floor of the above school.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A mobile phone restoration screen CDs, and screen pictures taken by the suspect;

1. Investigation report (the result of the cell phone analysis of the accused, confirmation of the damaged place, and securing of the victim not);

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report on the results of confirmation before disposition, report on the criminal suspect who committed the same offense, report during the appellate trial after the sentence of the first instance of the same kind of case);

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crime (a point of photographing each camera), Article 319(1) of the Criminal Act (a point of intrusion into each structure), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Order to complete a program;

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