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(영문) 의정부지방법원 고양지원 2015.10.16 2015고단1840
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. At around 01:20 on May 31, 2015, the Defendant: (a) taken a video image of the victim’s sound and fel, using a cell phone with the inner function of the camera function, in order to view the melting side in order for the female victim to enter the name-free female toilet within the French-dong Port, Dong-dong, Seoyang-si, Sinsan-si in order to view the melting side; (b) the victim’s sound and mar.

B. On May 31, 2015, around 01:26, the Defendant taken a video image of a female victim’s sound and her butane in his/her name in the same manner at the same place as indicated in paragraph (a).

C. On June 13, 2015, around 23:30, the Defendant attempted to take and attempt to take the image of the Victim C (V, 49 years of age) using the same method as the description of Paragraph (a), within a female toilet of the 147 Eastmun-gu, Mangyeong-gu, Mangyeong-si, Goyang-si, Goyang-si.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant intruded into women’s public toilets using unspecified persons for the purpose of meeting sexual desire at the date, time, and place described in paragraph 1(a).

B. On June 13, 2015, around 23:05, the Defendant intruded into a female public toilet, which is used by an unspecified number of people, for the purpose of meeting sexual desire within the 2nd female public toilet, 101 Goyang-gu, Goyang-gu, Goyang-si, Goyang-si, 101.

C. The Defendant intruded into women’s public toilets using unspecified persons for the purpose of meeting sexual desire at the date, time, and place described in paragraph 1(c).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (in relation to replies of results of digital evidence analysis);

1. The use of relevant legal provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 15 and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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