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(영문) 대구지방법원 경주지원 2017.03.08 2016고단775
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on July 4, 2016, the Defendant, entering a public toilet, made it difficult for female victims to take a melting image of the mobile phone, and entered the female toilet column on the first floor of the Dong C Dong office located in Samsung-si, Young-si on July 4, 2016. However, the Defendant’s mobile phone (S7 when Samsung Ggal ju) entered the victim D (Wol, 45 years old) in the side column, taken a video screen of the Defendant’s cell phone (S7) entering the victim D(S7).

In addition, from May 27, 2016 to July 4, 2016, the Defendant taken photographs of the face of female victims who entered public toilets more than seven times in total, as shown in the list of crimes, from around May 27, 2016 to about July 4, 2016.

Accordingly, the defendant taken the body of victims who might intrude into public toilets for the purpose of meeting their sexual desire, and cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes in Chapter six of the toilet photographs and photographs of victims in distress;

1. Relevant provisions of the Act on the Punishment, etc. of Sexual Crimes and Article 12 of the Act on the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes (Influences into public places for sexual purposes, Selection of imprisonment), and Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes (influences, such as cameras, and Selection of imprisonment

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the record shall be recognized);

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