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(영문) 서울남부지방법원 2020.11.11 2019고단5970

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

On June 5, 2019, at around 17:00, the Defendant intruded into female toilets located in Yeongdeungpo-gu Seoul Metropolitan Government B and 3, and hidden in the above female toilets. The Defendant, who entered the victim C (the age of 22) by side partitions, laid off the Defendant’s cell phone above, taken off the Defendant’s cell phone, and taken the victim’s body against the victim’s will that might cause sexual humiliation or shame by using the mobile phone camera, etc. on November 14, 2018, from around 19:06 to June 17:00 of 2019 to meet his own sexual desire on eight occasions, such as the list of crimes, and taken the victim’s body against the victim’s will that might cause sexual humiliation or shame.

Summary of Evidence

1. The written statement C of the defendant's legal statement is applied to the police report on processing the case 112 Report, the list of requests for appraisal, the list of requests for appraisal and seizure, the investigation report on digital analysis and appraisal (related to requests for provision of communications data), the investigation report on the data on communications, the investigation report on details of communications data (the confirmation of the location of a base station according to the monetary details

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply) and Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 202), Article 14 (1) of the same Act (a point of intrusion on places for

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act among concurrent offenders;

1. As such, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15094, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Disabled Persons (amended by Act No. 15094, Dec. 11, 2018) of the Act on the Protection of Persons with Disabilities,