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(영문) 의정부지방법원 고양지원 2019.08.13 2019고단1297
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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. On April 14, 2019, the Defendant entered a place for sexual purpose in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, in order to take a image of female use in a female toilet on the third floor of the building B in the Yongsan-gu, Silsan-gu, Silsan-gu, B in order to take a image of female use.

Accordingly, the defendant invadeds on women's toilets to satisfy his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), operated the Defendant’s mobile camera function in order to photograph the appearance of the victim C (at the age of 27 years) who wishes to enter the victim’s side partitions at the time and place specified in paragraph (1), and stored the mobile phone so discovered and deducted from the victim’s mobile phone.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using carmeras against his will, but did not commit an attempted crime, even though he was aware of the victim's body.

3. The injured Defendant: (a) was aware of the victim, such as the date and time, at the place, as described in paragraph (1) and paragraph (2); (b) went out of the canal partitions and faced with the victim; and (c) the victim kneeped the Defendant’s name with left hand to prevent the victim from escape, and pushed the victim with the toilet wall.

As a result, the Defendant inflicted an injury on the victim, such as salt ties open to the injured party and pelpel in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Investigation reports (on-site CCTV investigations);

1. A medical certificate;

1. Investigation report (attaching photographs of the body part of the victim);

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to the seizure list and seizure record;

1. The relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes shall be toilets for sexual purposes;

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