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(영문) 의정부지방법원 2016.10.07 2016고단2966
건조물침입등
Text

A defendant shall be punished by imprisonment for four 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. Around 02:50 on February 10, 2016, the Defendant entering the building was in a female toilet in the first floor of the C building in Namyang-si, Namyang-si. In order to photograph the body of the female, the Defendant entered the said toilet and intruded into the building managed by the manager of the said building, who is the victim of the said building, to take the body of the said female.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken the Defendant’s cell phone image of the victim D (the age of 18) who is viewed as a melting side at a time and at the place specified in paragraph (1), by putting the partitions with a opon camera, in which women’s toilets were in possession of the upper gate, and in which women’s toilets were in possession of it.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigative reports, investigative reports (scriptive cases), investigation reports (scriptive CCTVs), investigation reports (scriptive cases against the victim), investigation reports (scriptive cases), investigation reports (scriptive cases involving the owner of a drinking house and hearing opinions from the employee), and investigation reports (scriptive hearing of statements from the victim D);

1. Answers to a request for personal information of a receipt or a non-chron card member;

1. Application of CCTV photographs, toilets of business concerns, field photographs, and photographs of crime places in the business concerns;

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and the choice of imprisonment with prison labor, respectively;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is a crime in which the Defendant intrudes into female toilets and photographs the body of the victim D against his/her will.

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