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(영문) 수원지방법원 2019.05.30 2019고단1310

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around May 30, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken the victim’s her son, her son, who had a camera function, from the outside of the victim’s house located in Suwon-si B, Suwon-si, Suwon-si, and used the Defendant’s mobile phone with a camera function, taken the victim’s her son, her son’s son, who

In addition, from that time to September 16, 2018, the Defendant taken and attempted to take the body of the victims C (Woo, 22 years of age) who wanted to be cleaning in a toilet, such as the list of crimes Nos. 1 through 9, in a total of nine times, as described in the attached list Nos. 1 through 9, in a total of nine times. However, the Defendant failed to take the body of the victims (Woo, 22 years of age) and attempted to take the body in a toilet, such as the Nos. 10 No. 10.

Accordingly, the defendant taken or attempted another person's body, which may cause sexual humiliation or shame, using a mechanical device with a camera function, against his will.

2. Intrusion upon residence;

A. On September 15, 2018, the Defendant: (a) around 23:02, at the victim C’s house located in Suwon-si, Suwon-si; and (b) went to the victim’s house in order to photograph the victim through the toilet window on a cell phone, the Defendant intruded the victim’s residence.

B. On September 16, 2018, the Defendant around 01:58, the above 2-A.

In order to take the victim's house through the toilet window with mobile phones, the victim's house was intruded into the victim's house wall in order to take the victim's house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to investigation reports (digital evidence analysis result);

1. Article 14 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018).