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(영문) 서울중앙지방법원 2018.11.21 2018고단5591

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) committed on April 24, 2018 by the Defendant into a female toilet on the second floor of Gangnam-gu Seoul Metropolitan Government, with an intention to satisfy his/her sexual desire by photographing the body parts of a female with mobile phones around 23:10 on April 24, 2018.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On April 24, 2018, at around 23:21, the Defendant, at the place indicated in the preceding paragraph, and at the bar of the Defendant’s cell phone screen, the victim’s name and influence, which was hidden from the front section, operated the mobile phone camera in which the Defendant was holding, was taken with the front section of the screen.

B. On April 24, 2018, the Defendant, at around 23:36 around the place indicated in the preceding port, continued to conceal the part, etc. of the victim E (Gam) in the same manner.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with respect to E;

1. A written statement;

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

1. Application of Acts and subordinate statutes to a criminal investigation report (the results of digital siren analysis and the details of CCTV for search and investigation), investigation report (on-site verification, examination of a suspect's address, and attachment of field photographs);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of places for public use for sexual purposes);

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.