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(영문) 서울서부지방법원 2020.09.16 2020고단2352

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)

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A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

A. On April 20, 2018, the Defendant was sentenced by the Seoul East Eastern District Court to three months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and two years of imprisonment for the embezzlement of stolen objects, etc., and completed the execution of the sentence in the North East East Eastern District Court on May 10, 2020.

1. On June 23, 2020, the Defendant committed the crime on June 23, 2020, and around 22:45, around 22:22:45, on the part of the victim C (n, 28 years of age) who opened in front of the kitchen of his residence in Eunpyeong-gu Seoul and ********, the kitchen window opened in front of the kitchen, and the victim’s gallethothic image and photographic image of the victim’s body by using the Defendant’s galthlutha mobile phone function.

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

2. On June 27, 2020, the Defendant, around 22:46 on June 27, 2020, taken a visual image of the victim’s body by using the cell phone camera function such as the Defendant’s mobile phone camera function, in front of the residence of the female victim on the second floor of his/her address in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “Seoul”), which was opened in front of his/her residence.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C to the accused in the protocol of suspect interrogation of the prosecution against the accused;

1. A C statement;

1. A report on internal investigation (verification of CCTV images around the site);

1. 112 reported case handling table;

1. E-dong CCTV images of the D building E-dong CCTV;

1. A report on internal investigation (a CCTV check for crime prevention around the site);

1. A closure photograph of CCTV images for crime prevention;

1. Reports on internal investigation (verification of details of 112 declarations);

1. A report on investigation (the investigation of the face of a ship by a photograph of the victim);

1. Each protocol of seizure, the list of seizure, and evidence of seizure;

1. Photographs of a yellow cell phone case;

1. "On June 22, 200"