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(영문) 수원지방법원 안양지원 2019.10.02 2019고단1503
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. Around May 17, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including entry of places in which sexual purpose people are used) violated the Act on the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) committed intrusion on women’s toilets with the sixth floor of the building B in Gyeonggi-si, Si, Gunpo-si, and Gunpo-si, with the appearance of women’

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

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On May 18, 2019, at around 00:12, the Defendant kept the appearance of female women in the above toilets, and was waiting for melting the appearance of the victim C (the victim, the age of 35) to enter the Defendant’s side screen, performed the function of the camera of the mobile phone in his possession, and taken the form of the victim, which sees the change by inserting the cell phone into the above mobile phone.

B. At around 00:17 on the same day, the Defendant continued to enter the said toilet, performed the function of the camera of the mobile phone in which the victim D (n, 23 years of age) entered the said toilet, and took a photograph of the victim’s appearance, which considers melting the cell phone by inserting the cell phone below the common partitions.

Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar function twice in total, which could cause sexual humiliation or sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of each internal investigation report (Evidence No. 12,13) and each accompanying video CD-related statute;

1. Relevant Articles on criminal facts, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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