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(영문) 의정부지방법원 고양지원 2015.09.04 2015고단1276

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

At around 15:00 on January 16, 2015, the Defendant installed a brush at a place to meet his own sexual desire by intrusioning into the third female toilets of the E high-class E in Goyangdong-gu, Goyang-si, Goyang-si. On the same day, at around 15:51 on the same day, the Defendant taken pictures of the brush where female victims are viewed as melting the brue.

In addition, from October 28, 2014 to February 5, 2015, the Defendant intruded into female toilets more than six times in total, as shown in the attached list of crimes, and taken photographs of the faces of female victims using Mameras for a total of three times, such as the annexed list Nos. 4 through 6.

Accordingly, the defendant taken the body of the victims of women who might intrude into public toilets and cause sexual humiliation or humiliation against their will with a view to satisfying sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The statement of G;

1. A statement prepared by H (Evidence Nos. 22);

1. Answers based on digital siren analysis results;

1. Sbmeras;

1. 60 photographs and video CDs (the defendant and his defense counsel claimed that the toilet of this case in relation to the crime of sexual assault crime is not a toilet under Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since the toilet of this case in relation to the crime of sexual assault crime is not a toilet under Article 2 of the Public Toilets, etc. Act.

However, according to the above evidence, the toilets of this case are installed on the 3 and 4th floor of the E high-sea branch located in Ilyang-gu, Manyang-si. E is a public institution prescribed in Article 2 subparag. 1 and subparag. 3 of the Enforcement Decree of the Public Toilets, etc. Act, and E high-sea branch offices did not restrict access to the office building owned by E, thereby allowing the general public to use the 3 and fourth female toilet.

Therefore, Article 2 of the Public Toilets Act is applicable to the toilet of this case.