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(영문) 창원지방법원 2017.04.18 2016고단4253
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On September 13, 2016, at around 23:35, the Defendant invadedd a structure with a view to taking the appearance of a large number of unspecified women who reported the melting sides in the toilets located in Sungwon-si, Sungwon-si D and 2, into the Defendant’s mobile phone camera, and entered the male toilet at that place, and viewed the melting side by entering the victim’s (not including the age omitted) and the name-free female victim’s toilet change column into the above male toilet screen, and harming the victim who was connected with the above window width through the above male toilet window, and then invaded into the above female toilet by inserting the Defendant’s hand, which was citing the change column of the victim who was connected with the above window width, into the above female toilet.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use photographing, such as camera, etc.) the Defendant taken the victim’s body against his will using the Defendant’s cell phone camera in a way that he takes the victim’s cell camera with an unspecified number of women who reported the cryp in the toilet at the place, such as the date and time as described in paragraph (1), and as described in paragraph (1). The Defendant taken the victim’s body, who was reported cryping off from the above cryp with the Defendant’s cell camera, by putting the victim’s hand in the above cryp column connected with the above cryp, by keeping the victim’s and the female victim’s name in secret through the male toilet window at the place.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, by using a camera more than twice in total, against his will.

Summary of Evidence

The application of the Act and subordinate statutes to the investigation report on the seizure of the police statement by the defendant's legal statement victim (the application of the Act and subordinate statutes to the suspect's cell phone restoration confirmation and video closure

1. Article 319(1) of the Criminal Act Article 319 of the same Act concerning the facts constituting an offense (a point of intrusion on a structure) and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera).

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