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(영문) 수원지방법원 안산지원 2020.03.18 2019고단4292
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 2019, the Defendant visited Annsan-si B, and 2nd floor CPC in Ansan-si, Sinsan-si, and found that the toilets were installed as male-use partitions and female-use partitions. However, the Defendant saw that the toilets were installed as male-use partitions, and thought that many unspecified women visiting the PC by entering the above male-use toilets, who visited the PC, using the Defendant’s mobile phone camera function.

1. On May 9, 2019, at around 01:25, the Defendant entered the above toilets with a total of 10 times as shown in [Attachment Table 1] from May 21, 2019, the Defendant discovered that women, who are customers, enter the toilets in order to see the change of the name of the victim, and entered the toilets to see the victim’s body by using the Defendant’s cell phone, and entered the said toilets for the purpose of shooting the victim’s body by taking advantage of the Defendant’s cell phone, from that time, entered the above toilets with a total of 10 times as shown in [Attachment Table 1].

Accordingly, the Defendant intruded into public use places such as toilets with a view to meeting his sexual desire over a total of ten times.

2. At around 01:25 on May 9, 2019, the Defendant taken photographs of the form of the victim’s use of cell phone camera function from around 16 times until May 21, 2019, including: (a) inserting the Defendant’s cell phone from the toilets described in the foregoing paragraph (1) to the female-use partitions, in which women in the victim’s name are entered; (b) inserting the Defendant’s cell phone with an inner drilling space below the partitions; and (c) photographing the Defendant’s cell phone using the aforementioned cell camera function; and (d) photographing the images of the victim’s use of cell phone camera function from around 16 times in total until May 21, 2019.

Accordingly, the defendant sexually uses carmeras and other similar mechanical devices.

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