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(영문) 대구지방법원 서부지원 2019.09.26 2019고단406

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. No person shall photograph the body of a person against the will of the person subject to photographing, using a camera or any other mechanical device equipped with similar functions, which violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Nevertheless, on January 13, 2019, at around 01:05, the Defendant taken the body of the victims who look at the 40 times from July 14, 2017 to January 13, 2019, using the Defendant’s 5 mobile phone camera, in the second column of the Ccafeteria, which is located in Daegu-gun District, to view the side of the said women’s toilet, into the first column of the said women’s toilet, and taken the body of the victims who take the side from female toilets over 40 times from the victim’s will, such as the list of crimes, as the list of crimes.

2. No person shall intrude into public use places, such as toilets, etc., used by many and unspecified persons for the purpose of meeting his/her sexual desire;

Nevertheless, the Defendant intruded into female toilets with a view to meeting the Defendant’s sexual desire on 24 occasions from July 14, 2017 to January 13, 2019, including intrusion upon female toilets with a view to meeting the Defendant’s sexual desire, such as taking pictures of the body of women who are viewed as melting the urine at the time and place under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Police seizure records;

1. Photographs of the place of crime;

1. Application of Acts and subordinate statutes of the Investigation Report (No. 4,11,16,19,25)

1. Places for public use of sexual crimes under Article 12 of the Act on Special Cases concerning the relevant Articles of the Act on Criminal Crimes and the Punishment, etc. of Sexual Crimes Selection;