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(영문) 서울북부지방법원 2019.08.30 2019고단1777
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 2, 2018, at around 05:00, the Defendant invadedd the female victim, who was a female victim, in the public toilet located in the second basement of Yongsan-gu Seoul, Yongsan-gu, Seoul, into the toilet in order to take a luxial image, and attempted to take the image of the Defendant’s smartphone, which has the luxle function in front of the women’s luxle column, by inserting the Defendant’s smartphone in front of the women’s luxle column, and to photograph the victim’s lux with a luxic image, from the same time until 05:22 of the same day, from that time, the Defendant tried to take the luxal image more than five times in total, as described in the

Accordingly, the Defendant attempted to intrude into toilets, which are public use places, for the purpose of satisfaction of his sexual desire five times in total, and attempted to photograph another person’s body, which might cause sexual humiliation or shame, using a camera or other similar mechanism.

Summary of Evidence

1. Partial statement of the defendant;

1. Indicating some of the records concerning the examination of the second prosecution against the accused;

1. Statement of each police statement related to C and D;

1. Written statements in C and D;

1. Each investigation report (CCTV analysis data1 through 7);

1. Investigation report (E apartment CCTV image);

1. A report on investigation (on-site photographs of the place of occurrence);

1. A report on investigation (a CCTV image taken by a victim);

1. Application of the Acts and subordinate statutes concerning photographs of toilets and CCTV images to captures;

1. Article 15 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) (a) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 201); Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An order to restrict employment;

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