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(영문) 인천지방법원 2013.09.11 2013고단4088
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, on February 3, 2012, was sentenced to a suspended sentence of two years on August 23, 2012 due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and is still under the grace period, which became final and conclusive on August 23, 2012.

【Criminal Facts】

1. Around June 28, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act on the Use of Cameras, etc.) (Act No. 1183, Jun. 12, 2013) passed the front of the E-middle school located in Bupyeong-gu Incheon,

During that, the Defendant, using smartphone cameras, driven the said car to satisfy the sexual desire of female students and parked it into the E Middle School with a view to driving the car, and enter the above school building, and intrudes on female toilets.

While entering the above female toilets, the Defendant heard the sound that female students in the name of the victim entered the side screen and see their melting sides, and taken the appearance of the victim who could cause sexual humiliation by using the smartphone camera owned by the Defendant in advance, and then stolen the head below the partitions, and taken the appearance of the victim against his will.

From that time until July 3, 2013, the Defendant intruded into public toilets, e.g., women’s toilets, e., public toilets, with a view to meeting their own sexual desire over a total of two occasions, such as the No. 13,14 listed in the annexed crime list, from that time until July 3, 2013. From February 22, 2013 to July 3, 2013, the Defendant taken pictures of the body and melted of female students who may cause sexual humiliation using Defendant’s smartphone camera, such as the No. 1 to 14 in the annexed crime list, against their will.

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