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(영문) 춘천지방법원 강릉지원 2017.08.31 2017고단755
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Violation of the Act on the Punishment, etc. of Sexual Crimes) committed an intrusion on public places for sexual purposes on a total of four occasions from April 3, 2016 to April 15, 2017, with a view to meeting the sexual desire by photographing a woman’s appearance, which is considered to be sexually explicit, around April 15, 2017.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”) the Defendant, around April 15, 2017, intended to photograph the victim E (24 years old) against the victim’s will while waiting to enter the side partitions from the front side of the toilet of the victim of D 1st floor located in the East Sea, around 21:20 on April 15, 2017, he/she tried to take the same image against the victim’s will while the victim E (24 years old) was out of the upper side of the upper side of the left side, and boomed off the upper side, and boomed off the front side of the victim’s cell with a camera function that the victim could cause sexual humiliation or shame, but the victim tried to take the image against the victim’s will without doing so, from April 3, 2016 to April 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

1. On-site photographs, screen pictures, etc. by capturing a dynamic image;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant legal provisions and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Sexual Crimes, Articles 14 (1) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

1. The aggravated Criminal Act for concurrent crimes.

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