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(영문) 울산지방법원 2016.11.03 2016고단2715

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six 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

On May 22, 2016, at around 04:20, the Defendant taken pictures of two victims over four times in total, as shown in the attached list of crimes, including a gallon S4 cell phone taken by the Defendant, who has a Kamera photographing function outside the bathing room of the victim D (n, 51 years of age) in Ulsan-gu, Ulsan-gu, Seoul-gu, and a Kamera photographed with the victim D's cell phone judo with a Kamera-si 4 cell phone.

After all, the Defendant taken photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear statements from a victim's telephone);

1. Application of Acts and subordinate statutes to reports on the results of digital evidence (including photographs restored);

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

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

1. Article 62 (1) of the Criminal Act;

1. An order of education to attend a lecture and a crime against D with regard to the punishment of sexual assault crimes against probation was actively committed and found by many unspecified women in the seized Defendant’s cell phones, and the risk of recidivism is expected to be considerable, such as having the application of an unfortunate application into smartphones. However, in the case of the victim E, the victim E was taken between the previous teaching relationship and the victim does not want the punishment, and the Defendant also shows the intention of improving character and conduct through professional treatment, etc., the punishment shall be determined as stated in the order. The personal information of the defendant added a probation order to supervise the treatment situation of the defendant.