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(영문) 울산지방법원 2019.02.28 2018고단2569
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall complete the sexual assault treatment program for 40 hours and for 5 years.

Reasons

Punishment of the crime

1. On March 27, 2018, at around 23:39, the Defendant: (a) discovered that the victim C (n, 55 years of age) located in Ulsan-gu, Ulsan-gu, was in front of the house of the victim C (n, a female, who is residing in the neighboring building; (b) and that the victim opened the victim’s residential gate and intruded on the rooftop in order to photograph the said gate, and that the Defendant invadedd the victim’s residence 14 times in total, such as the list of crimes in attached Form 1, in order to take the image of the women located in the neighboring building between around that time and August 10, 2018.

Accordingly, the defendant invadedd the victims' dwelling respectively.

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

Nevertheless, at around 23:05 on August 13, 2015, the Defendant taken the body of the injured party G (n, 23 years of age) and H (23 years of age) who was in possession of the window crepan of the window crepan of building E E in Ulsan-gu, Ulsan-gu, Seoul-gu, by using a telephone phone carrying device with the function of a camera, and taken the body against the will of the injured party G (n, 23 years of age) and H (n, 23 years of age). From that time to August 20, 2018, the Defendant taken the cell phone with the female who was in possession of 17 times in total as shown in the list of crimes in the attached Table (2).

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of victims stated in the attached Form I, such as I;

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

1. On-site inspection photographs;

1. They are located on the cell phone of the criminal defendant in which the criminal image is stored;

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