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(영문) 서울동부지방법원 2019.10.24 2019고단2631

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall intrude into any public use area used by many and unspecified persons, such as toilets, public bath, bathing rooms or launching rooms, breast-feeding facilities, and escape rooms, etc. for the purpose of meeting his/her sexual desire;

On September 8, 2018, at around 19:27, the Defendant was at the third female toilets in Gwangjin-gu Seoul Special Metropolitan City, the Defendant invadedd the said female toilets with a view to taking a studio by using his mobile phone devices in order to satisfy his own sexual desire over a total of 20 times from around that time to February 21, 2019, as shown in attached Table 1, with a view to meeting his own sexual desire, as shown in attached Table 1.

2. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing a camera, etc.) shall intrude into any public use place used by many and unspecified persons, such as toilets, bath rooms, bathing rooms or launching rooms, breast-feeding facilities, escape rooms, etc., or take photographs of the body of a person who may cause sexual humiliation or sense of shame against the will of the person subject to filming, with intent to satisfy his/her own sexual desire;

On September 14, 2018, at around 13:47, the Defendant entered the three female toilets in Gwangjin-gu Seoul Special Metropolitan City, with a view to meeting his own sexual desire over 10 times in total, as shown in the annexed Table 2, the Defendant taken a photograph of the victim’s balthical side of the A8 mobile phone with the Defendant’s galthrogate, wherein the Defendant’s galthothical part was applied to the above galthic part, and the Defendant’s galthical part of the A8 mobile phone can not be identified in the galthic part of the galthic part.