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(영문) 수원지방법원 안양지원 2019.08.21 2019고단1116
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On April 20, 2019, at around 16:11, the Defendant entered the toilets of toilets for the purpose of photographing women in and near the building in the Gu C Station B, in front of women’s toilets, and women’s lusium.

B. On April 23, 2019, around 22:16, the Defendant entered the toilet column in the toilet for women of the E Library located in the Gu, in front of the E Library Women’s Toilets, with a view to photographing women’s booms.

C. On April 24, 2019, around 20:40 on April 24, 2019, the Defendant entered the toilet column for the purpose of photographing women’s studio in the second female toilets in the Gu F building F, in front of the second female toilets.

Accordingly, the Defendant infringed on toilets, which are public use places, for the purpose of meeting his sexual desire.

2. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영) 피고인은 2019. 4. 1. 20:46경 경기 안양시 동안구 G빌딩 지하 1층에서, 1층으로 계단을 올라가던 군청색 교복을 입고 검정색 배낭을 맨 성명불상의 피해자(여)의 뒤를 따라가며 카메라 기능이 있는 휴대전화를 쥔 손을 피해자의 치마 아래쪽으로 밀어 넣어 피해자의 치마 속을 촬영한 것을 비롯하여, 2019. 4. 24.경까지 안양 등지에서 별지 범죄일람표 기재와 같이 총 9회에 걸쳐 피해자들을 몰래 촬영하였다.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a photograph of a video photograph taken by the suspect;

1. Relevant Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Criminal Crimes and the Selection of Punishment, etc. of Sexual Crimes;

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