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(영문) 수원지방법원 안양지원 2015.06.05 2015고단440
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On April 10, 2015, at around 21:00, the Defendant entered the instant toilets with smartphones owned by the Defendant in order to photograph the figures in which women on the fifth floor of the 5th floor of the Si building in Mapopo-si are viewed as melting.

B. On April 11, 2015, around 23:45, the Defendant entered the instant toilets with smartphones owned by the Defendant in order to photograph the appearance that women infinites were able to view their names in the fourth female toilets of the building D in the Gyeonggi-si, Gyeonggi-si.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

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

A. On April 10, 2015, at around 21:00, the Defendant taken a photophone owned by the Defendant, which was located in the fifth female toilets of the 5th floor of the Sinpo City C building, in a toilet space below the rest of the toilet, in which the name and unfortual of the victim is viewed as melting the change of the victim’s name.

B. On April 11, 2015, at around 23:45, the Defendant taken the 4th female toilets on the 4th floor of the Mapopo City D, where the victim E (n, 22 years old) was melted from the toilet screen below the toilet screen.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the relevant Act and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Sexual Crimes (referring to taking photographs using carmeras, etc.), intrusion into public places for sexual purposes under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and choice of imprisonment with labor;

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