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(영문) 대전지방법원 2015.09.25 2015고단2463
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for four 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

"2015 Highest 2463"

1. On May 17, 2015, at around 19:05, the Defendant taken the form of victim F (n, 20 years of age) who reported melting the Defendant’s cell phone using the Defendant’s cell phone in D department stores 10th E theater female toilets in Seo-gu Daejeon, Daejeon.

Accordingly, the Defendant intruded on public toilets for the purpose of meeting his sexual desire, and taken the body of another person against his will that could cause sexual humiliation or shame by using camera or other similar devices with similar functions.

2. On July 1, 2015, at around 08:30 on July 1, 2015, the Defendant taken the image of the victim H (n, 20 years of age) who reported melting sides using the Defendant’s cell phone.

Accordingly, the Defendant intruded on public toilets for the purpose of meeting his sexual desire, and taken the body of another person against his will that could cause sexual humiliation or shame by using camera or other similar devices with similar functions.

On January 5, 2015, from around 01:00 to around 01:15 on the same day, the Defendant taken the image of the Victim K (n, 20 years of age) with the Defendant’s cell phone camera in the J main female toilet located in the third floor of the Seo-gu Daejeon Special Building, Seo-gu, Daejeon, in which the partition of the Defendant’s cell phone camera in the upper direction, and the Defendant’s cell phone camera in the next toilet by spreading towards the upper direction.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

[2015 Highest 2463]

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. Photographs of the place where the case occurred and CCTV;

1. A report on the analysis of digital evidence (2015 highest 2731);

1. Defendant's legal statement;

1. Each statement of K;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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