beta
(영문) 대전지방법원 2018.05.17 2018고단275

방실침입등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2017, the Defendant intruded into a room that he/she manages against the will of the manager of the above toilet, such as going out from the door to the screen of the common toilet of both men and women in the first floor of the Seo-gu Daejeon Daejeon, Seo-gu, Daejeon, in order to photograph D (W, 29 years old) containing smartphones.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On August 1, 2017, the Defendant tried to photograph the appearance of the victim D (the age of 29) who is viewed as a melting side in the light column, using smartphone camera at the same date, time, and place as described in paragraph 1, against his/her will, using smartphone camera, but the Defendant tried to detect the Defendant’s smartphone on the part of the victim with his/her dog, but he/she found the Defendant’s smartphone on the part of the victim, and “domined to the Defendant.”

“Along with “the winding so as to cover the partitions,” the intention was not achieved, and the attempted attempt was not reached.

B. On May 2017, the Defendant: (a) on May 2017, 201, had a sexual intercourse with a victim in name in the mutual influorial telecom located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, on the first top of the new wall; and (b) taken the form of the victim who was brued with a smartphone against the victim’s will.

(c)

From May to June 2017, the Defendant, around 03:0 to 04:00 on May 6, 2017, the day from May 201 to June 6, 2017, had sexual intercourse with the victim due to his/her name in the mutual influent telephone located in the Jung-gu Daejeon Daejeon-dong, Daejeon-gu, and taken the form of the victim who was her body, against his/her will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and E;

1. Written statements prepared in D;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (specific description of the suspect), each criminal offender, reports on generation (use and photographing of cameras, etc.), photographs, such as the site and entrances, investigation reports (the results of the victim's statement and the CCTV verification in photographing the site), and each CCTV image trial and investigation reports (the person presumed to be the person to be the victim).