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(영문) 서울중앙지방법원 2018.05.11 2017고단8484

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Around October 23, 2017, at around 11:43, the Defendant taken pictures against the victim’s body against the victim’s will that could cause sexual humiliation or shame by using a camera on a total of 30 occasions, as indicated in the list of crimes attached hereto, at the female toilets of “D” company, where the Defendant works for the Defendant on the five floors of Jongno-gu Seoul Metropolitan Government C Building, by automatically operating a camccoer by a motion-type camr, and the victim who was exposed to cambling in the color strings, by automatically operating the camccoer on a motion-type cam, and from then on November 13:45, 2017.

2. On November 15, 2017, around 14:20 on November 15, 2017, the Defendant intruded into a room for female employees of the said company in front of the female toilet of the said company located on the fifth floor of the said building, and in order to install a clock clock in which the clothes of female employees of the said company were viewed as a click clock.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report (in relation to a camera image photograph, a photograph of the scene of the crime and clothes, related to a camccos);

1. A report on investigation (Preparation of a list of offenses), and a written statement of the accused;

1. Application of Acts and subordinate statutes to search and seizure records, list of seizure, clothes scams and cable photographs;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, and selection of imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is that the Defendant failed to commit rape in the workplace.