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Reasons
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(영문) 서울남부지방법원 2020.09.25 2020고단3058
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

"200 Highest 3058"

1. At around 15:00 on April 11, 2020, the Defendant operated the Defendant’s mobile phone apparatus located in subway 9 line C Station C Station, male toilet located in Gangseo-gu Seoul, Gangseo-gu, as a photographic hair, and then cut off the victim D (ma, 27 years old) of the Defendant’s victim, who embarked off the Defendant’s cell device from the upper side, so that the hand with the above mobile phone device can be cut off by the partitions, and cut off from the upper side, and the Defendant’s son (ma, 27 years old).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

"200 Highest 3899"

2. On May 20, 2020, at around 18:45, the Defendant tried to take a photograph of the victim F (Nam, 29 years of age) who had a son’s cell device drawn up in the 12nd male toilet of Gangseo-gu Seoul, Seoul, by operating the cell phone device of the Defendant’s mobile phone with a photographic hair, and then cut off the hand with the above mobile phone device going out from the upper side square of the Defendant’s immediate side, and opened up in the upper side square of the Defendant. However, the Defendant tried to take a photograph of the victim F (F, South, 29 years of age) with a string photograph of the victim, which had been reported because it was controlled by the same suspicion, and did not take a photograph before being investigated by the police.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

[1] Paragraph 1 (2020 Highest 3508)

1. Defendant's legal statement;

1. A written statement of D or G preparation;

1. Paragraph (2) of this Article (2) as stated in the protocol of seizure and the list of seizures;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. A camera attached to a male toilet;

1. Application of statutes on site photographs;

1. Relevant Article on criminal facts and the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020).

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