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(영문) 서울북부지방법원 2020.06.11 2019고단5627
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2019, around 22:50, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry of Multitude Space for Sexual Purpose) committed an intrusion into a female toilet to take a lusium of women on the first floor in Seongbuk-gu Seoul Metropolitan Government, and concealed it in the lusium.

Accordingly, the Defendant infringed on toilets, which are public use places, for the purpose of meeting his sexual desire.

2. A defendant has violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) around 22:58 on the same day, and around 22:58 on the same day, he/she listens to the sound of the victim C (the name, the 33 years of age) viewed in the side side surface partitions, works as a camera located in the defendant's smartphone (the gallon No. 9) and tried to put the above smartphone into the above smartphone and take the screen of the victim, but the victim was not able to detect the smartphone and take the screen of the victim.

As a result, the Defendant attempted to take photographs of another person’s body, which may cause sexual humiliation or shame, against the will of the person to be taken, using carmera or other similar devices.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to C by the police;

1. A report on occurrence;

1. Reports on internal accidents (Analysis CCTVs at generated places);

1. Reports on internal investigation (Attachment to photographs of the place of occurrence);

1. A report on internal investigation (a CCTV in an generating place is confirmed 2);

1. Each protocol of seizure and seizure list, the defendant and his defense counsel asserted that the defendant's wrong entry into a male toilet with the knowledge of the male toilet by drinking alcohol at the time does not infringe upon a female toilet with sexual purpose.

However, the following circumstances revealed by the evidence duly adopted and investigated by this court, i.e., the victim first taken the toilet.

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