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(영문) 수원지방법원 2018.05.11 2018고단925
주거침입등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On November 2, 2017, at around 17:22, the Defendant: (a) went into the house of the victim D (tentative name) located in Suwon-si, Suwon-si, Suwon-si C apartment complex; and (b) went into the house of the victim in order to photograph the body of the victim, the Defendant went into the house of the victim and intruded on the victim’s residence in order to photograph the body of the victim.

B. On November 8, 2017, the Defendant entered the victim’s house to take the victim’s eavesst at the above place, and invaded upon the victim’s residence by entering the third and fourth elevator of the victim’s apartment in order to take the victim’s eavesst.

2. 성폭력범죄처벌 등에 관한 법률위반( 카메라 등 이용촬영) 피고인은 2017. 11. 2. 17:23 경 위 아파트에 있는 엘리베이터 앞에서, 엘리베이터를 기다리고 있는 피해자 D( 가명, 여, 16세) 뒤로 다가가 카메라 기능을 갖춘 휴대전화를 동영상 기능을 켠 후 책 위에 올린 다음 이를 피해자의 치마 밑으로 넣어 피해자 몰래 피해자의 치마 속을 촬영하였다.

In addition, from September 2017 to November 17:24, 2017, the Defendant taken pictures of victims on a total of 59 occasions, such as the list of crimes in attached Form 1 at the flood site and the space of harmony from September 2017 to November 8, 2017.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol on D, E, F, G, H, I, J, K, and L;

1. A photograph of a CCTV image to be cut;

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

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to photographs by cutting down a video of a crime organized in the order of the list of crimes;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime, the selection of punishment, and the selection of fines under Article 319 of the same Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs of a camera), and the selection of fines

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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