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(영문) 서울동부지방법원 2016.05.13 2016고단410
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2015, the Defendant intruded into the said multi-household house through the gate opened in front of the multi-household located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and then invaded into the victim’s residence by bringing the victim’s house into the window of the 203 residential area where the victim C (V, 37 years old) resides in the passage between the said house and the wall.

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

A. On August 15, 2015, at around 02:09, the Defendant: (a) invadedd the said victim’s housing, as in paragraph (1) of the said Article; and (b) taken a shower form by the victim C, using the galthm lue’s video shooting function of Samsung 4 mobile phone devices, in which the victim C was exempted from clothes at the toilet.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

B. On August 15, 2015, at around 04:02, the Defendant took a photograph of the shape of setting up a bridge on a book by using a gallon photograph function of Samsung 4 mobile phone jums, which was possessed at the same place as paragraph 2(a).

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

3. Around August 16, 2015, the Defendant made a public performance obscenity publicly obscene act by displaying to the victim the victim the appearance of the Defendant’s sexual organ in his/her hands, and showing the Defendant’s sexual organ in his/her hand, as follows: (a) around August 21, 2015, the Defendant was next to the Victim G (M, 22 years of age) in which book was reported by the F children’s boomner in Seoul Jongno-gu E building; and (b) the Defendant was suffering.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, C, and H;

1. The victim C residential image pictures and the suspect cell phone knife.

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