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Reasons
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(영문) 서울중앙지방법원 2013.09.26 2013고단4237
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not less than eight months.

To order the defendant to complete a sex offense prevention program for 40 hours.

Reasons

Punishment of the crime

The defendant, due to the shock disorder, has reached the following crimes under the state that he has the ability to discern things or make decisions:

1. Around June 19, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) committed an intrusion on women’s toilets in the first floor of the building located in Gangnam-gu Seoul, Gangnam-gu, with a view to photographing the appearance of women who were prepared in advance using a portable camera in the shape of the BMW vehicle smart key, and intrudes on women’s toilets in the above building, which is a public toilet.

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

2. Around 22:30 on June 19, 2013, the Defendant entered the front section of the women’s toilet located on the first floor of the building as stated in the preceding paragraph, and took photographs of the body of the victims who could cause sexual humiliation or shame by photographing a portable camera in the BMW vehicle type, which was prepared in advance by six victims and the victim E (37 years old) in order to enter the front section of the side in the order of order.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records of seizure and the list of seizure;

1. Investigation report (with respect to BMW camera used by A), investigation report (for example, analysis of video images marked by a suspect, and closure photographs attached thereto);

1. On the spot and camera photographs;

1. The point of mind and body in judgment: Application of Acts and subordinate statutes;

1. Relevant Articles on criminal facts, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion on public toilets for sexual purposes), and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc.

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