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(영문) 서울중앙지방법원 2018.04.12 2017고단8485

건조물침입등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 May 19, 2017, around 19:20 on May 19, 2017, the Defendant intruded with a structure, going through the front of the Gangnam-gu Seoul building C, entering female toilets to take a cell phone of the Defendant with a camera function, going into the said three-story room, going into the said three-story room, and went into the female toilet located there.

Accordingly, the defendant invadedd on the building managed by the damaged person.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), around May 19, 2017, the Defendant heard the victim D (neep, 22 years of age) from the third female toilets of the above C building on May 19, 2017 that the Defendant was living in the inner partitions of the Defendant, and taken the image of the victim who reported the urine after taking a video photograph of the cell phone with the function of the camera in possession of the Defendant, and tried to take or take a photograph of the victim from Jun. 9, 2015 to Jun. 5, 2015, such as the victim’s bridge, bus stops, and toilets, etc., 59 times in total, such as the victim’s bridge, buckbucks, and urines.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone with the camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. A CD in which a crime motion picture or photograph discovered from a mobile phone is stored;

1. The CD in which a crime inundation, a criminal photograph, etc. are stored;

1. A investigation report (related to data on the restoration of cell phones No. 1);

1. Report of investigation (Application of Acts and subordinate statutes relating to list of crimes);

1. Article 319(1) of the Criminal Act in relation to the crime, Article 14(1) and Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means the attempted use, photographing, and photographing of cameras, etc.) and Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with prison labor.