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(영문) 서울북부지방법원 2017.06.15 2017고단1670

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) at the Seoul Northern District Court, and on March 11, 2015, on March 11, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for eight months due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Seoul Northern District Court, and on May 29, 2015, the sentence of the said suspension was invalidated upon the final judgment, and on March 21,

1. Around 16:00 on April 20, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) invaded on female toilets on the D 1st floor in Seoul Special Metropolitan City, Nowon-gu for the purpose of taking the form of female workers’ melting in toilets from toilets.

Accordingly, the defendant invadeds on public places for the purpose of fulfilling his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), took the appearance of the victim E (V, 22 years old) entering the second partitions in order to see the change at the time and place described in paragraph 1, and then reported the melting side while taking below the victim E (V, 22 years old), a smartphone camera owned by the Defendant.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Investigation report (CCTV Analysis and Investigation);

1. Investigative reports (to hear statements from victims);

1. A protocol of seizure and a list of seizure;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the date of release of the suspect), application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgments of the same kind as the suspect);

1. Criminal facts;