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(영문) 전주지방법원 군산지원 2021.02.05 2020고단1039

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 1, 2020, the Defendant invadedd a structure in a female toilet managed by the victim’s name in the Dosan-si B, Si, Gunsan-si B, and 1st floor of building, “C” on May 1, 2020, without the victim’s permission to take a photograph by using a mobile phone, the Defendant entered the said female toilet into the said female toilet without the victim’s permission to take a view of the appearance of the female women having access to the said room.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, entered the second partitions of the above female toilets at the time and place specified in paragraph 1, and attempted to take a cell phone into the victim D (tentative name, leisure, age 25) who was in possession of a cell phone to take a photograph of the victim D (old name, age 25) who reported the use of the said female toilets, and collected the cell phone into the body of the toilet, thereby putting the cell phone into the part of the toilet, thereby viewing the change of the victim’s use of the video.

Accordingly, the Defendant attempted to take photographs of another person’s body, which may cause sexual humiliation or sense of shame, against his will.

Summary of Evidence

Witness

E Legal Statements

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

1. Statement in the police statement protocol with respect to D;

1. A report on internal investigation, a report on investigation (a photograph of the place of occurrence of the case and a photograph of the CCTV to capture the CCTV), a report on investigation (the description of the suspect), a report on investigation (the process of voluntary submission of a smartphone and the request for analysis of digital sirens), a report on investigation (to attach the results of voluntary submission of the data), a photograph of the place of occurrence of the case (to listen to the victim's statement about the characteristics of the mobile phone taken at the time of the case), a photograph of the photograph of the CCTV outside the head of each head office (to listen to the victim's statement about the characteristics of the mobile phone taken at the time of the case), a photograph to cut the toilet door, a photograph to cut the CCTV inside the head office, a photograph of the CCTV suspect and the victim's photograph immediately after the crime, a photograph of the suspect after the crime was committed [the defendant].