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(영문) 서울동부지방법원 2019.09.05 2019고단1903
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is in conflict with the victim B (n, 37 years of age), who is hedging.

1. Intrusion upon residence;

A. On June 2018, the Defendant committed the crime in Songpa-gu, Seoul among the police officers around June 2018, at the time of the victim’s residence in Songpa-gu, set up a brush in the victim’s house and identified the victim’s front corridor number in advance by installing a brush at the victim’s house. The Defendant opened a door and invaded the victim’s residence by entering the victim’s house inside the victim’s house.

B. On July 9, 2018, the Defendant committed a crime around July 9, 2018 at the residence of the above victim around 09:30 on July 9, 2018, and the above A.

항과 같이 피해자의 옷방 안에 설치해 둔 몰래카메라의 SD카드를 확인하고 배터리를 충전할 생각으로, 위와 같이 미리 알고 있던 현관문 비밀번호를 눌러 문을 열고 피해자의 집 현관 내부까지 들어갔다가, 거실에 앉아있던 피해자를 발견하고 깜짝 놀라 도망가 피해자의 주거에 침입하였다.

2. Around July 8, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken pictures against the victim’s will, at around 03:50, a Mamera, installed as above, in the residence of the said victim.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. A complaint;

1. Application of Acts and subordinate statutes on internal investigation reports (the result of request for analysis of Mamermeras digital sirens installed by the suspect);

1. Relevant legal provisions on criminal facts and special cases concerning the punishment, etc. of sexual crimes selected by the choice of punishment (amended by Act No. 15977, Dec. 18, 2018).

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