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(영문) 춘천지방법원강릉지원 2020.11.19 2020고단797

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등

Text

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

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On July 10, 2020, the Defendant infringed on the common toilets on the first floor of the building B in Gangnam-si around 13:16, in order to photograph the appearance of women to be viewed as a mobile phone camera.

B. On July 22, 2020, the Defendant around 13:04

(a) For the purposes of subsection (a).

In the same place as the paragraph, the accident occurred.

Accordingly, the defendant's sexual desire was invaded on toilets, which are public use places used by many and unspecified persons, twice in order to satisfy the defendant's sexual desire.

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

A. The defendant 1-A

On the same date, at the same time and place as the paragraph, the victim's cell phone camera was used in the side column of the victim's mobile phone, and the victim's sound and tampel were taken in the video.

B. The defendant 1-B

In the case of the victim C, in the same time and place as that of the paragraph, the victim C, using the cell phone camera of the defendant, in the space above the victim, the victim's sound and her mack were taken in video.

Accordingly, the defendant taken the body of the victim against the victim's will that could cause sexual humiliation or shame on two occasions using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the internal investigation report (verification of suspect's cell phone images), screen screen of screen images, results in the analysis of CD digital evidence, CD-proof report (attached to the restored cell phone CD (copied photograph), photograph-proof report (Attachment to the toilet photograph) and photograph-proof report (personal information on the victim);

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking pictures using camera, etc.) and Article 14(1) of the same Act concerning criminal facts and the choice of punishment;