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(영문) 서울북부지방법원 2020.08.14 2020고단803

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

On September 27, 2019, between 00:29 and 00:33, the Defendant entered a public toilet for both men and women in Dongdaemun-gu in Seoul, and put the Defendant’s cell phone in the strings of air conditioners, put the strings, put the Defendant’s cell phone in the strings of air conditioners, used the strings, and she tried to take a string image by exceeding the lower part of the toilet and 24 women, who are women in the name failure to use the said toilet, and she tried to take a strings, but she tried to take or attempted to take the 24 women off the toilet from the toilet in the same way as indicated in the list of crimes in the attached Form, from around 23:36, 2019.

Accordingly, the Defendant attempted to take or take photographs against the will of the victim, who could cause sexual humiliation or shame, using a mechanical device similar to the camera, against the will of the victim.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Each E statement;

1. Application of the Acts and subordinate statutes to photograph by cutting off a record of seizure and a report on internal investigation (including a photograph of damage), a report on investigation (hereinafter referred to as a "Cud toilet investigation"), a report on investigation (Attachment to a CCTV at a criminal scene and a photograph by cutting off a video), a output of a dynamic image, a CCTV at the scene of crime, and a photograph by cutting down the CCTV at a

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Articles 15 and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Articles 15 and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), and

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

1. Article 62(1) of the Criminal Act: