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(영문) 서울남부지방법원 2020.04.07 2019고단6062
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. A. Around May 2018, the Defendant taken a gallon of female toilets located in Geumcheon-gu Seoul Metropolitan Government with a cellular phone, in which female victims who cannot know their names by using a cellular phone in gallon which was filled with a gallon function.

B. Around May 2019, the Defendant taken the image of a female victim who could not know the name in the same manner at the same place.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

2. On July 22, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in a open space for sexual purpose) entered in order to hear the sound of women from the 3rd female toilets in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu Seoul Metropolitan Government, to view the sides of the C-dong D-dong, and followed by the victim E (tentative name, leisure, 32 years of age).

Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. As to the record of seizure and the list of seizure, the Defendant confessioned to the effect that he/she had taken the image of the victims by using a cell phone in which a camera is located, and the seizure protocol that the Defendant seized the cell phone in which a camera is located from the Defendant is determined to constitute reinforced evidence against the confession of the Defendant (see, e.g., Supreme Court Decisions 2017Do14372, Nov. 9, 2017; 2017No103, Aug. 23, 2017). The application of statutes is determined as follows.

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) and Article 14(1) of the former Special Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18,

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