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(영문) 서울북부지방법원 2019.07.18 2019고단1135
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The punishment of the accused shall be determined by one year and six months.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing) and intrusion upon residence;

A. On July 11, 2017, around 00:07, the Defendant: (a) invadedd the victim’s appearance exposed to the victim’s residence where the victim’s name in Seoul Special Metropolitan City, Nowon-gu’s B apartment is unknown; and (b) screened the victim’s appearance in the bee image using the Defendant’s smartphone function installed in the Defendant’s smartphone.

B. On July 18, 2017, at around 01:07, the Defendant intruded into the corridor of the victim’s residence in order to steals the appearance of the victim exposed to the victim, when the victim’s name in the above B apartment is unknown, and taken pictures of the victim’s bridge surface, etc., which is being enjoyed by using the Defendant’s smartphone function installed in the Defendant’s smartphone, through the open window installed in the Defendant’s smartphone.

Accordingly, the defendant had intruded on the residence of victims more than twice in total, and taken the body of another person against his will that could cause sexual humiliation or shame by using the camera and other similar devices.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On April 29, 2017, around 00:07, the Defendant discovered a female victim, who is not aware of his/her name in a DNA broadcasting station located in Mapo-gu Seoul Metropolitan Government, using a camera function installed in the Defendant’s smartphone, and taken the victim’s bridge surface, etc. as a screen image.

B. The Defendant is a woman who, around October 19, 2017, was unable to know the trade name located in a wooden Dong in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, at the guest room in which the trade name cannot be known, and the name that the Defendant came to know while seating in the preceding drinking place is unknown.

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