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(영문) 수원지방법원 2018.11.08 2018고단5501
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On May 10, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influorites, etc.) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influorites, etc.), around the fourth floor C in the building B in Suwon-si, Suwon-si, Seoul, and around May 10, 2018, the Defendant intruded the victim’s D (influor, 15 years of age) into the front door of the fourth floor C with the fourth floor of the building B in the Suwon-si, Suwon-si, and intruded into the front section of the female toilet with the victim’s entry, using the mobile phone functions.

Accordingly, the defendant intruded into the public use area for sexual purposes, and taken the body of the victim who could cause sexual humiliation or shame by using the mechanical device with a camera function against his will.

2. Around September 18, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras et al.) taken pictures of the victim, using a cell phone with Kamerasa function, in the public toilet for men and women on the second floor of the building E in Suwon-gu, Suwon-si, Suwon-si, Around September 18, 2016.

In addition, from September 3, 2016 to April 27, 2018, the Defendant taken the victims nine times in total in the same manner as the list of crimes in the attached Form from Suwon to April 27, 2018.

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. Written statements of victims of D;

1. Report on the results of digital evidence analysis;

1. Attachment of data or investigation report (to keep unclaimed data on suspect mobile phone analysis and to extract suspect mobile phones - Attachment of store CDs);

1. On-site photographs;

1. When a conviction on the crime of this case in relation to the registration and submission of the protocol of seizure, list of seizure and evidence of seizure becomes final and conclusive, the defendant shall be punished against sexual crimes.

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