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(영문) 대전지방법원 2020.12.17 2020고단3619
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. On July 15, 2020, at around 18:45, the Defendant: (a) entered a place with a sexual purpose in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) entered a female toilet in the second floor of Sejong Special Self-Governing City, Sejong Special Self-Governing City, with the aim of detecting the victim C (tentative name, leisure; 21 years of age) entering such place as a female toilet; and (c) taking the victim’s appearance

Accordingly, the defendant invadeds on female toilets with a view to meeting his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amera, etc. of Sexual Crimes), taken a video image of approximately 5 seconds from 10 seconds to 10 seconds of the victim using the term “Miramera” broadcast flusca, installed in the cellular phone in which the victim entered the space, and the victim entered the space.

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.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to C by the police;

1. Protocols of seizure, list of seizure, and evidence of seizure of the C’s statement;

1. The processing table of 112 reported cases, reports on results of analysis of digital evidence (report on the analysis of digital evidence) and the application of Acts and subordinate statutes to criminal investigation reports (D personnel and telephone conversations);

1. Relevant Article on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and other matters;

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