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(영문) 수원지방법원 2019.01.10 2018고단6078

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four 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. On April 12, 2018, the Defendant: (a) reported on April 12, 2018, that the victim B (n, 26 years of age) who performed drinking together at a Japanese-style Japanese-type Japanese-style hall with Sungnam-si sperm (hereinafter referred to as the “Seongnam-si”) went to the toilet; and (b) entered the victim’s toilet as a female toilet following the victim; (c) the Defendant’s Aphone 8 Pops mobile phone (No. 1) function as a camera of the Defendant’s Aopphone 8 Pops mobile phone; and (d) taken the victim’s dynamic image to view the above mobile phone as being lower than the toilet screen.

2. Around May 29, 2018, the Defendant committed the crime of May 29, 2018, at the Sungnam-si Office located in Sungnam-si where the Defendant works, using the above mobile phone camera functions of the Defendant, taken the victim’s body parts, which are the part of the victim’s body part, in the name of the female employee, using the above mobile phone camera functions.

3. On June 9, 2018, at around 22:49, the Defendant committed the crime of June 2018, at the “F” store in the summer E, 1st floor, and at the “F” store in the same building, the Victim G (V, 22 years of age, Ga) who became aware of in the same building, went into the toilet for both men and women following the victim, and entered the toilet for both men and women following the victim: (a) the Defendant’s mobile phone function as the camera of the above mobile phone, and the Defendant’s mobile phone function, and the victim’s image, which appears to have the above mobile phone toward the lower side and upper side of the toilet screen, was taken.

Accordingly, the Defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Protocol B of postal service;

1. Police seizure records;

1. Reading of the suspect's cell phone image picture, and recording of the suspect's cell phone image; or

1. Application of the statutes on the closure of the defendant's photograph;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. shall be applicable to the crime.