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(영문) 광주지방법원 2020.01.31 2019고단3932

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around June 3, 2019, the Defendant resided in the second floor of multi-household housing located in Seo-gu, Gwangju Metropolitan City from around 2017 to around 2018, and left outside the window of the first floor in which the victim C (the victim, the 44 years old) resides, and had been aware of the proposal through the window. The Defendant got out of the said house and tried to take a bath of the victim.

1. On June 3, 2019, the Defendant, who was living, entered the victim’s house, entered the said victim’s multi-household house outside the fence, and intrudes on the victim’s residence.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken screen pictures against the victim’s will by putting the victim out of the house at the time and place specified in paragraph (1) and 22:15 on the same day following the day when the victim gets out of the house of the victim, and 22:15 on the same day after the day when the victim gets out of the house, she took a shower image of the victim’s cell phone using the shower’s cell phone outside the window outside the shower room and the window outside the shower room with his cell phone outside the window

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Records of seizure and the list of seizure;

1. A report on internal investigation (in relation to attachment of field photographs), on-site photographs;

1. Application of the investigation report (integrated of CCTV images along the suspect's escape route), CCTV-caping statutes;

1. Relevant Article 319 (1) of the Criminal Act (a point of intrusion upon residence), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc.) concerning criminal facts, the selection of imprisonment with prison labor;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), Article 59-3(1) of the Welfare of Disabled Persons Act.