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(영문) 부산지방법원 서부지원 2018.08.10 2018고단931
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2017, the Defendant intrusiond with the purpose of photographing female women on the 1st floor B at the window of Changwon-si, Changwon-si, with a view to taking a studio for female workers on the studio. On November 30, 2017, around November 30, 2017 and around December 16:50 on December 21, 2017, the Defendant intruded with the same purpose as female toilets of the 1st floor D in Gangseo-gu, Busan Metropolitan City.

2. Around March 5, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) infringed on women’s toilets used by many, unspecified people in Busan, YY-gu E, Busan, for the purpose of photographing a studio, and invaded upon women’s toilets with a view to meeting their sexual desire.

3. From October 28, 2017, around 22:04, the Defendant taken the appearance of five victims in total in the same way, such as the statement in the list of crimes, in the same manner five times from around the time to March 5, 2018, in the public toilets for female workers on the first floor of the commercial building B like the foregoing paragraph (1) and (2) of the same paragraph, in which the cell phone is cut off, and the cell phone is cut off, and the phone is cut off, and the name influent female victims in the name column in the side gate so that the cell phone is cut off.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of female toilets, video files and photographs accompanied by caps);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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