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(영문) 의정부지방법원 고양지원 2013.08.23 2013고단251
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

[criminal power] On January 9, 2013, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) in the Goyang support by the Jung-gu District Court. The judgment was finalized on June 21, 2003

【Criminal Facts】

1. The crime committed on May 16, 2012;

A. Around 23:20 on May 16, 2012, the Defendant intruded into the instant female toilets with a view to photographing women who are using toilets on the first floor of the E building, which was managed by the victim D in Yongsan-gu, Yongsan-gu, U.S.A. C.

B. Around 23:20 on May 16, 2012, the Defendant taken the victim’s appearance against the victim’s will with a cell phone located in the partitions toilets located adjacent to the body of the victim, where the F (F, 27 years of age) is melted in the first floor of the building E in Goyang-gu, Goyang-gu, Goyang-si, Goyang-si, the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.).

2. On August 23, 2012, the Defendant invadedd the instant female toilets for the purpose of photographing women on the first floor of the E building, which was managed by the victim D, located in Yongsan-gu, Yongsan-gu, Goyang-si, Goyang-si, Goyang-si around 02:44 on August 23, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, G, F, and H;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Each police statement made to I, F, and H;

1. Written statements of J, D and G;

1. Police seizure records;

1. CCTV photographs, national and water DNA identification appraisal results, replys to requests for appraisal, and replys to requests for appraisal by water;

1. Application of Acts and subordinate statutes to report on investigation (F telephone statement hearing report);

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012); Article 319(1) of the Criminal Act (amended by Act No. 11556, Dec. 18, 201); and Article 319(1) of the Criminal Act (amended by Act No. 1156) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 1

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