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(영문) 서울중앙지방법원 2020.11.04 2020고단5891

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

[Criminal Power] On August 17, 2018, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 28, 2019, and completed the execution of the sentence on November 28, 2019. On August 26, 2020, the Seoul Central District Court sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on September 3, 202

【Criminal Facts】

1. At around 14:41 on January 31, 2020, the Defendant discovered the victim C (one’s name, two’s age, and 34) who walked the front path of Jongno-gu Seoul building, and then taken a video image of the victim’s back condition with his cell phone camera using the Defendant’s cell phone camera, and followed the victim to board the elevator of nearby B building with the victim, and then taken the part of the victim’s body body in the front part of the cell phone with the victim’s body in front of the victim’s body with the cell camera in front of the victim’s body.

2. At around 18:36 March 27, 2020, the Defendant taken a film of the part of the body part of the victim from the Defendant’s cell phone line Nos. 3 mobile phone E. 5 mobile phone Nos. 3 mobile phone Nos. 5 mobile phone Nos. 4, 2020 to the above Si on 6 occasions from February 21, 2020, as indicated in the list of crimes in the attached list, the Defendant taken the part of the body part of the victim from the Defendant’s cell phone Nos. 3 mobile phone Nos. 5 mobile phone No. 4445, May 2, 202 to the above Si on 6 occasions.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera, etc. against the victims' will.

Summary of Evidence

1. Police interrogation protocol of the accused accused's statement in court (No. 7 No. 5 of the evidence list);

1. Each police protocol of seizure against C (tentative) and F (tentative) of each police protocol of statement (No. 3), list of seizure (Evidence No. 4), list of seizure (Evidence No. 20), list of seizure (Evidence No. 20) and list (Evidence List No. 20), and analysis of CCTV images in B buildings;