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(영문) 수원지방법원 2020.04.23 2020고단288
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 22, 2019, the Defendant entered a female toilet located in the 1st floor B in Gyeonggi-gu, Gyeonggi-do, for the purpose of photographing the appearance of women who are viewed as melting urinals around 22:20 on November 9, 2019.

Accordingly, the defendant invadeds on public use places 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. At around November 9, 2019, the Defendant taken the body of the victim who sees the baline using the mobile phone camera function while waiting to take photographs from female toilets B1st floor in Gyeonggi-gu, Gyeonggi-do, Gungdong-gu, Gungdong-gu, Gungdong-gu.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

B. On November 9, 2019, the Defendant was above the Defendant around 22:11.

The four files of photographs, such as the paragraph, were sent to C using the Kakao Stockholm dialogue function.

C. On November 9, 2019, the Defendant is between 22:0 to 22:24.

The victim D (one name, inn) and the scarcity that the victim was waiting to take in the side partitions at the place described in the port was taken using the mobile phone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. E statements;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence (including photographs of criminal conduct);

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.), Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of providing photographs), the punishment of sexual crimes, etc.

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