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(영문) 창원지방법원 2018.11.30 2018고단2393
방실침입등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2018, at around 18:20, the Defendant intruded into the shower box in order to take the appearance of a woman and dormitory shower in C University D9, located in Kimhae-si, Kimhae-si, and the victim E (n, 21 years old), and taken the image of the Defendant’s cell phone camera in order to take the shower box.

Accordingly, the Defendant invaded the body of the victim, including the victim, who could cause sexual humiliations or humiliations using the camera or other similar devices that have similar function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Report on the results of digital evidence analysis;

1. Application of statutes on field photographs;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by room, the choice of imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of unauthorized shooting using camera, etc., and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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-restricted order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the details and methods of the instant crime, the method and form thereof, the result of the instant crime, the place of the crime, the relationship between the Defendant and the victim, the current residential state of the Defendant, and the intent of the protection and supervision of their parents, etc. are highly

It is difficult to see it.

In addition, the defendant is also the defendant.

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