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(영문) 부산지방법원 동부지원 2017.01.18 2016고단1817
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 19, 2013, the Defendant was sentenced to two years and six months of imprisonment and four years of suspended execution on March 27, 2013 by the military court of the high military court of the Ministry of National Defense, etc., and the above judgment became final and conclusive on March 27, 2013.

1. Around August 19, 2016, around 19:35, the Defendant entered Busan Shipping Daegu D Women's Toilets in Busan Metropolitan City, and the third common change column was taken by a victim of his/her name in the upper common space, where the victim of his/her name in the upper common space was placed in the upper common space, and the phone carried phone with the Defendant's camera function as the Defendant’s camera was sealed.

Accordingly, the Defendant taken the body against the victim’s will, such as the appearance of the victim who could cause sexual humiliation or shame, using a camera or other similar mechanism with a similar function, which intrudes on a female toilet, which is a structure managed by another person.

2. The Defendant, at the same place as indicated in paragraph 1 and around 19:40 on the same day as indicated in paragraph 1, and at the same place as indicated in the victim E (a person under whose name the victim E (a person under his/her name) intends to take a picture of the victim’s appearance by pushing the phone with a telephone carrying the Defendant’s camera function as the camera on the two sides of the victim, and then cutting off the phone with the Defendant’s camera function, but did not take a photograph on the wind that the victim’s use of the phone can be seen as the victim’s use by pushing the phone with the Defendant’s camera function.

As a result, the Defendant attempted to take the body against his will, such as the appearance of the victim, which could cause sexual humiliation or shame, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Three copies of documentary evidence photographs, investigation reports (on-site photographs), eight copies of site photographs, results of digital evidence analysis, five CDs, investigation reports (on-site photo analysis results), and

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