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(영문) 서울남부지방법원 2020.06.26 2020고단1276
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including entry of places in which sexual purpose public access) entered the above toilets in the same eight times in total, as shown in the annexed Table (1) from October 1, 2019, around 18:04, around September 18, 2019, in order to take the appearance of women who are viewed as having been used in the toilets for women in the company’s building located in Gangseo-gu Seoul Metropolitan Government, and entered from that time to October 1, 2019.

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

2. Around 12:55 on April 24, 2019, the Defendant: (a) taken a 102-time image of the victim’s name-free female merchants, who are going to the stairs inside the building using a mobile phone with the inner function, including a cell phone, and taken a part of the body of the victim’s bed from the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the rear.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C (tentative name) and D (tentative name);

1. A statement of each victim and a statement of reference witnesses;

1. Records of seizure and the list of seizure;

1. Confirmation from the suspect's mobile phone;

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