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(영문) 서울북부지방법원 2018.12.07 2018고단3588

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2018, the Defendant: (a) around 06:10 on July 1, 2018, at the Gangnam-gu Seoul Metropolitan Government, and at around 06:24 years old, the Defendant walked to return home, and (b) around the house of the victim in Dobong-gu Seoul Metropolitan Government.

After intrusion upon the house above B, it opened a toilet window and puts the Defendant’s cell phone (gal juart 8) into the toilet, and photographs the victim’s image, she exceeded clothes from the toilet with the above cell phone and saw off.

Accordingly, the defendant invadeds on the residence of the victim, and taken the body of the victim who could cause sexual humiliation or shame by using the cell phone camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. A written statement prepared in C (tentative name);

1. A protocol of seizure and a list of seizure;

1. Reports on internal investigation (on-site inspections and photographs, etc.);

1. A report on internal investigation (attaching photographs, etc.);

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of photographs and specification of the suspected person);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using carmeras, etc.) and the choice of imprisonment with prison labor for the crime;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act shows the appearance of recognizing each of the crimes of this case and against the wrongness of the defendant, under the circumstances favorable to the defendant, who has no record of criminal punishment before. The crime of this case appears to have been taken against the victim's body by intrusion upon the victim's residence following the victim, and thus, the victim's bodily humiliation or mental impulse was considerable.