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(영문) 서울남부지방법원 2014.08.22 2014고단2306
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Criminal facts committed on January 20, 2014

A. Around January 20, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) violated the Act on the Punishment, etc. of Sexual Crimes (influence of women’s body, taking pictures of the body parts of women’s toilets located on the second floor of Guro-gu Seoul Metropolitan Government, with an intention to satisfy their sexual desire by photographing them.

B. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc.) taken the body of a victim against his/her will, at the same time and at the same place as the above 1-A, the Defendant worked for the 3rd column of a female toilet, and then taken the body of the victim, such as the victim’s form, etc., where the victim’s name cannot be identified in the side column of the mobile phone from which the victim’s cell was taken off, thereby causing sexual humiliation.

2. Criminal facts committed on March 21, 2014

A. Around March 21, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) invaded on a female toilet with a view to meeting his/her sexual desire by photographing a photograph of the body part of women who enter the second floor of Guro-gu Seoul Metropolitan Government female toilets on the second floor.

B. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc.) entered the third column of female toilets at the same time and at the same place as the above 2-A, the Defendant took photographs of the victim’s body against his will, by cutting off his cell phone below the partitions, which could lead to sexual humiliation, such as the part below the mash of the victim C (n, 25 years of age) entering the above female toilet and the part below that of the victim C (n, 25 years of age) whose body may lead to sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Requests for appraisal;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (exploced photographs and date and time of recording);

1. Criminal facts;

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