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(영문) 창원지방법원 마산지원 2021.02.05 2020고단1403
성폭력범죄의처벌등에관한특례법위반(상습카메라등이용촬영ㆍ반포등)등
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

[criminal record] On February 17, 2016, the Defendant was sentenced to three years of imprisonment with labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Special Coercive Acts) in the Changwon District Court’s Support, etc. on October 21, 2018, and the execution of the sentence was terminated at the Changwon Prison’s prison on July 12, 2019. The Changwon District Court sentenced ten months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.) and completed the execution of the sentence in the Changwon Prison’s prison on January 11, 2020.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Infringed places for sexual purposes);

A. On November 10, 2020, from around 21:59 to 22:13 the same day, the Defendant intruded into the said female toilet in front of a female toilet located in the third floor of the Masan-si, Changwon-si, a member of Changwon-si, in front of the female toilet located in the 3th floor of the Masi-si, Changwon-si.

B. On November 11, 2020, the Defendant invadedd the female toilet in front of the female toilet on the third floor of the above building B over three times at around 20:11, around 21:03, around 22:20, and around three times at around 22:20, on the ground that the Defendant would have taken a studio using the dynamic image recording function of the mobile phone.

Accordingly, the Defendant intruded on toilets, which are public use places used by many and unspecified persons, for the purpose of meeting his sexual desire four times in total.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Distribution, etc. of Gamers, etc.) The Defendant, at around November 21, 2020, taken a female toilet in front of a female toilet located in the third floor of the building B in Changwon-si, Seoul Special Metropolitan City, in front of the female toilet in the 3th floor of the building B in Changwon-si, Seoul Special Metropolitan City, in order to take a photograph of the female who used the image of the mobile phone, and after entering the above female toilet, confirmed that the female is melting of the lusium in the lusium, after having performed the functions of photographing the lusium of the mobile phone, and confirmed that the female is lusent in the lusium, after having taken the lusical image of the mobile phone from the time when taking the lusular phone into the lus

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