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(영문) 의정부지방법원 고양지원 2018.05.31 2018고단682
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six 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 January 30, 2018, the Defendant is going to go to the game other party in the toilet while working as the part-time user of the instant room at the Gyeyang-gu E 2th floor (hereinafter referred to as “F”) in Gyeyang-gu, Gyeyang-gu, Seoul (hereinafter referred to as this case’s PC room) on January 30, 2018, while working as the part-time user of the instant room, and going to the game while playing the game.

In order to hear the horses of the victim, the victim was able to take the image of PC's female toilets, and the victim was able to take the body of the victim who could cause sexual humiliation or shame by using the cell phone camera in 1 column of this case, and came into the victim's body of the victim who could cause sexual humiliation or sense of shame using the camera, and came into the victim's body by taking the victim's cell phone of the victim's body, which is against his will, for the purpose of meeting his own sexual desire by preparing to take the screen with his mobile phone camera, and then intrudes the victim's body to meet his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of CCTV at the site and statement of business owner);

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

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection 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 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The crime of this case was committed on the grounds of sentencing under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation Order (hereinafter “victim”) and the defendant taken the image of the victim by intrusion into female toilets.

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