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(영문) 서울북부지방법원 2019.05.10 2018고단5096
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. On August 23, 2018, the Defendant: (a) around 10:33, around the third female toilets of the Cuniversity D building in Seongbuk-gu Seoul, Seoul, the victim E (name, name, age 30) entered the above female toilets; (b) opened the above female toilets according to the victim in order to take a photograph of the change of the victim’s use, and entered the said female toilets.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) was trying to photograph the Defendant’s mobile phone above the first screen that the said victim entered in a female toilet at a time and time, by inserting the Defendant’s mobile phone toward the victim, and to view the victim’s motive, but did not constitute a wind that is visible to the victim.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using the cell phone camera, against his will, but attempted to take the body of the victim against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement of the preparation of E;

1. Hearing statements from victims;

1. Seizure records;

1. A report on investigation (the second CCTV investigation) and photographs of the CCTV images to be taken and the place of crime attached thereto;

1. A report on investigation, and photographs of the place of crime attached thereto;

1. Report on investigation, and cellular phone images of seized articles attached thereto;

1. 내사보고(현장수사) 및 �부된 현장 사진

1. Application of the Acts and subordinate statutes to a domestic report (CCTV investigation) and to photograph the CCTV images to be accompanied by such Acts and subordinate statutes;

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Punishment, etc. of Sexual Crimes, and the punishment, etc. of former sexual crimes;

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