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(영문) 의정부지방법원 고양지원 2019.01.17 2018고단2747
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

[2018 Highest 2747] The Defendant had a mind to capture women who are viewed to be melting in female toilets. On June 27, 2018, around 21:05, the Defendant entered the 3rd floor "D Reading Room C" 'D reading room in Gyeyang-gu, Youngyang-gu, Gyeonggi-gu, Gyeonggi-do on June 27, 2018, and was waiting for 10 minutes, the victim E (a person, a person, and 16 years old) entered the side partitions, and opened his cell camera as a video-cell camera, and then taken the victim 1-2 minutes of the video screen.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Around 13:20 on October 17, 2018, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame by using a camera, in a female toilet located in G University F in Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, the victim I (n, 20 years of age) was into the above toilet, and entered the victim's side partitions, followed by the victim's entry, and then taken the cell camera into the victim's body against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E (alias) and I;

1. CCTV photographs and investigation reports (in cases of attaching photographs by cutting off on the spot photographs and photographs);

1. Application of Acts and subordinate statutes to each protocol of seizure and each protocol of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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