beta
(영문) 수원지방법원 성남지원 2019.09.24 2019고단1641

방실침입등

Text

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

The defendant and the victim B (the age of 43) were legal marital relations, but they were divorced on September 6, 2019.

1. On July 15, 2018, the Defendant entered room: (a) discovered that a man in the name and non-dissatise of the victim and a man in the name of the victim are accommodated in a satise-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si;

Accordingly, the defendant invadedd the victim's room.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken photographs of the body of the victim using his mobile phone camera shooting functions of the Defendant who was in possession of the victim who intrudes into the victim’s room at the above time and at the above place, discovered that the victim had the victim with a man with no name

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will by using a mobile phone.

3. Around August 5, 2018, the Defendant sent the victim’s body pictures to C and D, who had been taken by using a mobile phone, with the victim’s e-mail, and provided the victim’s body pictures taken against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Records of seizure and the list of seizure;

1. Application of investigation reports (USB files accompanied by the complainants), investigation reports (the photographic pictures of the suspect mobile phones analysis results, and the transmission details of photographs to victims, etc.)-related Acts and subordinate statutes;

1. Article 319(1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and Article 14 of the former Special Act on the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018).