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(영문) 서울남부지방법원 2020.05.13 2019고단5754
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment 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 5, 2019, around 10:50 on July 5, 2019, the Defendant entered the 5th female toilets of Guro-gu Seoul Metropolitan Government building B in order to take the image of women who are viewed as a melting side, and the Defendant taken the dynamic image of the Defendant’s mobile phone in order to take the appearance of women who are viewed as a melting side.

Accordingly, the Defendant, as seen above, intruded into public use places such as toilets for the purpose of meeting his sexual desire, and taken the body of the victim who could cause sexual humiliation or shame against his will.

2. On July 5, 2019, at around 11:22, the Defendant came to a female toilet installed in Guro-gu Seoul Metropolitan Government DD building, and, in order to take a female image, the Defendant was down up to the toilet screen to activate the function of photographing dynamic images of the mobile phone used by the Defendant, and was put up the aforementioned mobile phone by side partitions, but the Defendant did not come to that effect on the wind where the eavesd side partitions were unfolded.

Accordingly, the Defendant attempted to intrude another person’s body, which may cause sexual humiliation or shame, into public use places, such as toilets, etc., for the purpose of meeting his own sexual desire, and attempted to photograph another person’s body against his will, which might cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes accompanying the closure screen of the unlawful photograph of this case;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes; Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using Cameras), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of attempted crimes using Cameras,

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

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