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(영문) 울산지방법원 2014.08.14 2014고단1086

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for four 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

From June 17, 2013 to November 15, 2013, the Defendant served as the head of the quality control team E in Ulsan-gun D Co., Ltd. located in Ulsan-gun.

The Defendant, using the fact that the escape room of female employees of the above company was used both as a usual document storage and a concurrent use, had the employees of the above company taken the garment of clothes.

1. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), around September 17:30, 2013, the Defendant: (a) opened a video camera (POLXS100) with one of the Defendant’s portable video camera (POLXS100) from among the document files in the front line; and (b) opened a video camera with one of the Defendant’s portable video camera (hereinafter “POLX100”) and opened it in the front line of September 2013; and (c) opened the victim F (29 years old, Ga, Ga, and 33 years old) without being aware of it, the Defendant was taken in the above camera.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. Around 08:00 on November 14, 2013, the Defendant attempted to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) did not take a photograph of the Defendant’s portable video camera (POLXS100) and divided the Defendant’s portable video camera (POLX100) into an attempted crime. However, the Defendant did not take a photograph of the Defendant’s portable video camera (POLX100) on the wind where the Kameras was displayed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Existing video camera (No. 1) seized;

1. Application of Acts and subordinate statutes, such as camera photographs;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs, such as carmeras), Articles 14 (1) and 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

1. Punishment;