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(영문) 광주지방법원 순천지원 2016.08.24 2016고단1063
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. When the Defendant came to know that the remaining and the rest rest toilets in the apartment building in the management of the name and influence boxes are divided into partitionss, in light of the Special Act on the Punishment, etc. of Sexual Crimes (such as a camera, etc.), he/she would be able to photograph the appearance of women in light of the following gaps.

On February 9, 2016, at the above male toilet around 19:46, the Defendant taken pictures of the appearance of women who are not influent with the name of mobile phone camera from around 10cc to around 22:2, 2016, by the same method 30 times in total, such as the statement No. 1 to 30 times in the list of crimes in the annexed crime, from around 22:22, 2016.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On February 9, 2016, the Defendant, as indicated in paragraph (1) around 19:46 on February 9, 2016, entered the said toilet to take a lusent image of women in the said toilet from that time to June 9, 2016, and entered the said toilet to take a lusent image of women over a total of 31 times, such as the entry Nos. 1 to 31 in the list of crimes, from June 9, 2016.

Accordingly, the defendant intrudes on a structure managed by the victim's name and the victim's name.

Summary of Evidence

The application of the statutes of the defendant's legal report on the scene of search and seizure of the defendant's statement (the attachment of images on the scene of the crime, the closure of the detailed image recorded by the defendant, and the attachment of photographs and the reproduction of video files

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319(1) (a) of the Criminal Act and the selection of a sentence to imprisonment with prison labor on the crime;

2. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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