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(영문) 의정부지방법원 고양지원 2019.08.29 2019고단1209
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 April 7, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in a public room for sexual purpose) went into a female toilet at around five times in total from March 19, 2019 to April 7, 2019, when around 21:08, the Defendant: (a) entered the toilet at the 2nd female toilet located in Gyeonggi-gu, Gyeonggi-gu; and (b) as described in paragraph (2) below, she went into a female toilet at around five times in total from around March 19, 2019 to April 7, 2019.

Accordingly, the defendant invadeds on female toilets with a view to meeting his sexual desire.

2. Around April 21, 2019, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) (hereinafter “Ameras”) recorded the victim’s form of the victim, who was unfolded to the upper part of the toilet, in order to view the Defendant’s cell phone camera at the right time and at the right time from the place specified in paragraph (1) to see the Defendant’s cell phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Results of analysis of digital evidence;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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 ( considered as the following favorable circumstances):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Confiscation Article 48 of the Criminal Act

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