(영문) 서울남부지방법원 2020.11.27 2020고단5078

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.11.27 2020고단5078

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)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. The Defendant committed on August 28, 2020 [Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Violation of the Cameras, etc. of Sexual Crimes)] around August 28, 2020: (a) around August 21, 2020, when the Defendant was living in Geumcheon-gu, Geumcheon-gu, Seoul where the victim B (n't) was living, the Defendant she attempted to take the body of the victim by using the Kameras function while hearing the hydrogen and cutting the toilet door into the second floor through the gate and Maroro in order to cut the toilet door, and then attempted to take the part of the victim through the Kameras, but tried to take the body of the victim by using the Kameras function.

Accordingly, the Defendant attempted to take the body of the victim who could intrude the victim's residence and cause sexual humiliation or shame against his will, but attempted to take the victim's body against his will.

2. On August 30, 2020, the Defendant (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Violation of the Cameras, etc. of Sexual Crimes)) returned to a toilet on August 30, 2020 at the place specified in paragraph (1) around 21:43 on August 30, 2020, waiting for a toilet to turn off to the toilet. On the same day, at around 22:13 of the same day, a toilet turn off to the toilet, and a water slick up to the second floor through the lusular gate and ma, and then taken a photograph by using the Kameras’s function, after having the LG mobile phone lenses in possession of between 22:13 and 22:26 of the same day go to the toilet inside the toilet.

Accordingly, the defendant invadeds on the residence of the victim and photographs the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. B The application of the police record investigation report (the CCTV image analysis around the victim's residence) to the seizure protocol and the statutes on the seizure list;

1. Relevant Article 319 (1) of the Criminal Act and the punishment, etc. of sexual crimes, respectively, shall be applicable to the crimes;

참조조문

-형법 제319조 제1항

유사 판례

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