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(영문) 제주지방법원 2015.07.22 2015고단816
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. No person shall photograph the body of another person against his/her will, using a camera or other mechanical device with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, around March 2015, the Defendant: (a) discovered that the damaged female, whose name was entered in the next partitions of the Jeju-si University Women’s Toilets, could not be known, was taken against his will by photographing the body of the victimized female, who could cause sexual humiliation or shame by inserting the above Handphone into the next partitions through the Defendant’s Handphone function; and (b) using the Defendant’s Handphone function, taken the body of the victimized female, who could have caused sexual humiliation or shame, by inserting the above Handphone into the next partitions via the toilet and the toilet floor.

2. On June 9, 2015, at around 18:45, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (influence in public places) obtained the victim P (e.g., 30 years of age) and stolen the Defendant’s image by taking the front of the Defendant’s string the front of the front side while waiting for the female to enter the next partitions in the public toilets of the rest area located along the Damnae-Eupn-Eup, Do in Jeju Island, where four partitions are installed in the public toilets of the rest area.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (third time);

1. A written statement of Q and P production;

1. Results of analysis of digital evidence and reports on the results thereof;

1. Application of Acts and subordinate statutes to investigation reports (on-site exit, attachment of site photographs), investigation reports (on-site visit), and investigation reports;

1. Relevant Article on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and imprisonment with prison labor, respectively;

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