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(영문) 인천지방법원 2020.01.08 2019고단4601

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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A defendant shall be punished by imprisonment for not less than eight 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. Around September 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry into a public place for sexual purpose) committed an intrusion on female toilets 17 times in total from the aforementioned date to April 13:20, 2019, in a female toilet with the first floor located in Seo-gu Incheon, Seo-gu, Incheon, for the purpose of meeting his/her sexual desire by photographing women who are viewed as being melted, and by taking a melting women with an unspecified number of people with a view to satisfying their own sexual desire, as described in the attached Table Nos. 1, 2, 5 through 19.

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

2. Around September 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken the body of the victims 19 times in total, from that time until April 23, 2019, from female toilets located in Seo-gu Incheon, Seo-gu, Incheon, for the victim D (n'e, fifty years of age) to be melted in the outer partitions, and taken the victim's body from that time to that time, from that time, with his smartphone installed with a camera in the outer partitions, where the victim D (n'e, fifty years of age) is viewed as being melted from that outer partitions.

Accordingly, the defendant taken 19 times against his will another person's body, which could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A statement of F, G, H, I, D, J, and K;

1. Records of seizure and the list of seizure;

1. Application of photographic Acts and subordinate statutes after closure;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Specific Sexual Crimes for which the relevant provision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Sentence 1 through 6. The annexed Table of Crimes No. 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 17, 2018