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(영문) 수원지방법원안산지원 2020.10.14 2020고단1424
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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. On September 25, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including entry of places in which a sexual purpose public access) entered the above female toilets for women’s toilets of C2-storys at entertainment, from September 18, 2019 to October 4, 2019, and entered the said female toilets for three times as described in the annexed Table 1, from that time.

Accordingly, the Defendant infringed on women's toilets used by many unspecified persons three times with a view to meeting his sexual desire.

2. On September 25, 2019, at around 17:57, the Defendant took pictures of the body of female victims who may cause sexual humiliation or humiliation using smartphone cameras from female toilets as stated in paragraph (1) of this Article, with the Defendant’s smartphone camera being put into practice, and the victim under his/her name was found to be off and melted in the side column, and from October 4, 2019, from that time until October 4, 2019, the Defendant took pictures of the body of female victims who might cause sexual humiliation or humiliation using smartphones, such as the list of crimes in attached Form 2.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. The application of Acts and subordinate statutes to the records of seizure, the investigation report on the list of seizure (Attachment of CCTV images of a suspect), and the investigation report (digital evidence analysis result);

1. Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), and the selection of imprisonment for each type of crime

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. Order to attend lectures and order to provide community service;

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