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Reasons
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(영문) 인천지방법원 2020.12.09 2020고단8607
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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

1. Around 12:00 on April 25, 2020, the Defendant entered the front side partitions of women’s toilets of the first floor of the Yeonsu-gu Incheon Building C, Yeonsu-gu, Incheon, with an Aphone XS Smartphone (No. 1), taken pictures of the victim DNA (one, two-six years of age) to see the front side of the front side partitions from the front side partitions of the Defendant’s possession of the Defendant, using Aphone XS smartphone (No. 1). From around 2017, the Defendant taken pictures of the victim’s body, who might cause sexual humiliation or shame on 46 occasions, such as the list of crimes in the attached Form.

2. Around 12:00 on April 25, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) entered a female toilet with intent to satisfy his/her sexual desire by photographing the victim D, as described in paragraph (1) using toilets, into the relevant female toilet with intent to have the victim D take a image of melting the toilet, and satisfy his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Investigation report (case of analysis of results of request for digital forensic) and investigation report (in the case of female crime investigation and case of victim's specific information) by each police seizure record;

1. On-site photographs of the place of occurrence, 112 reported case processing records, digital evidence analysis and response reports, and application of seized Acts and subordinate statutes;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, Dec. 18, 2018); Article 14(1) of the former

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