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(영문) 서울동부지방법원 2019.08.22 2019고단1254
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to take a 40-hour course of sexual assault treatment.

Reasons

Punishment of the crime

[Criminal Power] On September 9, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Seoul Eastern District Court on September 9, 201, and completed the execution of the sentence at the Seoul Eastern Detention Center on June 30

【Criminal Facts】

1. On March 28, 2019, the Defendant, at around 21:04, went into the residence of the victim C (a family name and female name) located under the OOO of the Seoul Gwangjin-gu Seoul Special Metropolitan City building B, with the intent to photograph the body of a female who takes shower in the toilet, opened the OO of the said residence and went into the boiler room in which the toilet windows are installed, and intrudes the victim’s residence.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amera, etc.) was in possession of the victim’s image in the victim’s residence at the above time and at the above time, sought the function of the Samsung Galthro S10 mobile phone camera in Samsung Galtha, which had been possessed by the victim, and had the toilet window. However, the victim was found and sounded so that the video camera could not be opened.

Accordingly, the defendant tried to take photographs of the body of the victim who could cause sexual humiliation or shame by using carmeras against his will, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (limited to previous records, court rulings and personal confinement records);

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on the Crime, Articles 319 (1) of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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