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(영문) 수원지방법원 2020.06.11 2019고단8425

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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 of the final judgment.

Reasons

Punishment of the crime

1. Around July 20, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including entry of places in which sexual purpose public access) entered into a female toilet located on the first floor of the Subdivision-gu Seoul Metropolitan City, Sungnam-si, for the purpose of photographing women’s appearance.

Accordingly, the defendant invadeds on toilets used by many unspecified persons for the purpose of meeting sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken pictures of the body of the victims six times in total, from September 27, 2019, on the following occasions, from the time and place under paragraph (1), when a female enters the front section of the front section of the front section, and then the victim C (n'e, 27 years of age) entered the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the victim’s body.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. The application of Acts and subordinate statutes on response to investigation reports (Securing CCTV images), investigation reports (Securing images if active service appear before committing a suspect), investigation reports (victim C telephone conversations), investigation reports (victim C telephone communications), digital evidence analysis reports, and digital evidence analysis reports;

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply), Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of entering places for sexual purpose) and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course;