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Reasons
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(영문) 의정부지방법원 2020.05.13 2019고단3870
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

1. Around 19:50 on June 25, 2019, the Defendant: (a) discovered that the victim C (the age of 14) is in a bath room through a reflect window of the above building in front of the building located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) taken the victim’s clothes using the Defendant’s smartphone image function, and taken the image of the victim’s clothes by taking advantage of the Defendant’s smartphone screen from February 3, 2019 to the above temporary date, such as taking the 28 minutes of the victim’s crym or viewing the victims of the crym from the toilet.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. Around 09:27 March 17, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in a public place for sexual purpose) infringed on a female toilet with a view to satisfying his/her sexual desire on nine occasions in total, as shown in the attached Table No. 4,5,6,7,7,16, 23, 24, 26, and 28, in order to take the image of female women in the E-cafeteria public toilet located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D, for the purpose of admitting the appearance of female women to view the sides.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. C’s statement;

1. Police seizure records;

1. Crime scene and mobile phone pictures;

1. A report on investigation (verification of a criminal scene and CCTV);

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to report on investigation (a photograph of a suspect at the scene of crimes);

1. Taking pictures, such as a camera under Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes;

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