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(영문) 서울동부지방법원 2016.09.09 2016고단2129
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around 23:00 on September 20, 2015, the Defendant taken a photograph of the body of the victims who might cause a sense of sexual shame, such as a list of crimes, 14 times in total, during the period from around that time to June 2016, by inserting a cell phone with a function of photographing screen pictures of a mobile phone (S4 in gallon ju) held by the victim D in front of Seongdong-gu Seoul Metropolitan Government, to take a shower from a toilet. The Defendant taken a photograph of the body of the victims who might cause a sense of sexual humiliation, such as a list of crimes (1) in front of Seongdong-gu Seoul Metropolitan Government.

2. On March 2, 2016, the Defendant infringed upon the residence of the victims seven times in total from around the time to June 2016, 2016, by opening a home gate of the victim F (one name, female) in Gwangjin-gu Seoul Special Metropolitan City, with the intent to photograph the body of the women who show a shower in the toilets at around 21:00, and by intrusion upon the windows of the toilets.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement in relation to G, H, I, J, K, L, M, N, F,O, and P;

1. Each statement of Qua,O, R and L;

1. Protocols of seizure and list and photographs of seizure;

1. Investigation report (Request for recording of a recording file of DNA telephone investigation);

1. Investigation report (fields, CCTV investigation), investigation report (fields, CCTV investigation report), investigation report (suspects specific to suspects), fingerprint confirmation document, investigation report (on-site guidance), investigation report (on-site guidance), investigation report (on-site investigation-crimes), investigation report (on-site investigation-crimes), investigation report (on-site investigation), investigation report (on-site investigation-crimes), investigation report (on-site investigation report), investigation report (on-site investigation report No. 2), investigation report (on-site investigation report No. 12 and 13 of crime list A. 12 and 13 of crime list), investigation report (including requests for preparation of a transcript of DNA telephone file, recording records);

1. Application of the DNA Acts and subordinate statutes that record CCTV recording data;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crimes and the choice of punishment;

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