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(영문) 전주지방법원 2018.01.12 2017고단1811
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 29, 2017, the Defendant intruded into a structure with a view to taking pictures of women in a female toilet in which male toilets and female toilets are separated from the fourth floor of the D Building in Yangsan-si, Yangsan-si.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On June 29, 2017, at around 12:45, the Defendant: (a) stored the Defendant’s cell phone (S7) located in the camera in the lower part of the victim’s body, such as her her am, in the second side of a female public toilet, such as paragraph (1) on June 29, 2017, into the lower part of the Defendant’s cell phone (S7) in order to take the image, and taken the body of the victim who could cause a sense of sexual shame by photographing the victim’s body, such as her am, into the lower part of the body.

B. The Defendant, at around 12:48 on the same day, taken pictures of the victim’s body parts, such as her am, etc., using the same method as the victim’s am, etc., while the victim F (n, 32 years of age) entered the left side of the Defendant and reporting am, against his/her will, taken pictures of the victim’s body that may cause sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A criminal investigation report (STV image verification);

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

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of intrusion on buildings, the choice of imprisonment), and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs, such as a camera, the selection of a punishment by imprisonment);

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are disadvantageous to the forfeiture.

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