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(영문) 창원지방법원 2019.09.11 2019고단1415
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant is a person who works as the main point of "C" located in Seongbuk-gu, Changwon-si.

1. Around 02:00 on March 11, 2019, the Defendant entered the above toilet in order to illegally photograph the appearance of the victim D (n't, 24 years of age) in a female toilet at the above main room and the appearance of the victim D (n't, 24 years of age) and entered the above toilet from April 10, 2018 to the above temporary date, and entered the above toilet in order to take a picture of 74 victims on a total of 39 occasions, such as written in the list of crimes.

As a result, the Defendant intruded on the above toilets, which are public use places used by many unspecified persons, for the purpose of meeting sexual desire.

2. Around March 11, 2019, the Defendant, at around 02:10, taken a 74 victim’s screen as shown in the list of crimes, from around April 10, 2018 to the above temporary date, in a female toilet at the above main station, followed the change of the screen, carried out a cell phone with the inner function of the camera in the gap between the partitions and the ceiling, and carried the cell phone with the inner function of the above victim in a narrow creh, and taken a face of the above victim’s screen from April 10, 2018 to the above temporary date.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of cell phone photographs), photographs taken by suspects;

1. Relevant legal provisions on criminal facts and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public use places for sexual purposes) and Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018).

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