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(영문) 서울남부지방법원 2019.03.27 2018고단5665

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six 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

"2018 Highest 5665"

1. From June 14, 2018 to August 1, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including intrusion into toilets for the purpose of meeting his/her sexual desire by entering the subway station female toilets located in Yeongdeungpo-gu Seoul Metropolitan Government, in order to photograph women who are deemed to have urines that came into the subway station B, and intrusion into female toilets on three occasions, such as attached Table 1, from June 14, 2018 to August 1, 2018.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken pictures against the victim’s will against the victim’s will during six times from June 14, 2018 to August 1, 2018, by using a mobile phone with a camera function at a time and at a place like paragraph (1).

around 14:05 on March 28, 2018, the Defendant: (a) around 2018, the five-story female toilets in Yangcheon-gu Seoul Metropolitan Government D Building; (b) heard the sound from which women are fluent to urine; and (c) fluenced women’s toilets for sexual interest; and (d) stayed for about 30 minutes after entering the female toilet for the purpose of causing sexual interest; and (b) fluenced women who suffered unexpected damage to their names were fluent and self-defensed.

Accordingly, the defendant invadeds on toilets, which are public places, to satisfy his sexual desire.

Summary of Evidence

"2018 Highest 5665"

1. Defendant's legal statement;

1. E statements;

1. The police seizure record and the list of seizure;

1. Cut photographs of a dynamic image taken by the suspect "2018 Highest 5942";

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on internal investigation reports (on-siteCCTV verification);

1. Article 12 of the Act on Special Cases concerning the pertinent Articles of the Act on Criminal Crimes and the Punishment, etc. of Specific Sexual Crimes Aggravated Punishment, Etc. (Infringement of Places for Public Use and Selection of Imprisonment for Sexual Purpose).