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(영문) 광주지방법원 2017.08.11 2017고단1239
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

"2017 Highest 1239"

1. On June 26, 2016, at around 23:41, the Defendant was studio in the latter part of Gwangju Northern-gu, Gwangju-gu, and the Defendant took a studio screen image of the Defendant’s cell phone camera function in which both men and women sexual intercourse.

From October 19, 2016 to October 18:11, 2016, the Defendant, as indicated in the list of crimes in attached Form 52 times, taken a video image of the women walking along the street or using escalators in a total of 52 times.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

"2017 Highest 2327"

2. Before February 16, 2017, the Defendant entered the 2nd female toilets of the second floor of the F University in Gwangju E around 16:55.

The purpose of this study is to put the toilet in the toilet so far by carrying out the mobile phone camera function, and to take the body of the victim G (the 34 years old), which reported the melting side at that place, but the victim, who discovered it, has stopped the shooting on the wind that the sound ended.

Accordingly, the defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame by using a mobile phone camera, against his will, but did not bring about such intent.

3. At the above date, at the above place, the Defendant entered the above F University H’s second floor female toilets managed by the pertinent F University H in order to take the image of the victim’s melting the tiltile. The summary of the evidence [the facts of the judgment]

1. Statement by the defendant in court;

1. Each statement made to the accused in each protocol concerning the examination of the suspect of the police (Evidence No. 61153 of the punishment of 2016);

1. Statement made to I in the police statement protocol;

1. Each entry into the records of seizure and the list of seizure;

1. Photographs data (suspected smartphone video destroyed) and CCTV images at J J-based site (the facts of the judgment No. 2, 3);

1. The defendant's person;

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