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(영문) 대전지방법원 2016.11.09 2016고단2929

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. Intrusion upon residence;

A. On August 21, 2016, around 21:00, the Defendant: (a) went to the house of the victim D (Gain, n, and 44 years old) located in Sejong-si C; (b) and (c) had the victim’s body known to be taken after sunset; (d) had the victim’s body infringed upon the victim’s residence.

B. On August 21, 2016, around 21:00, the Defendant came to the house of the above victim D, and entered the victim’s body in front of the house and invaded the victim’s residence.

C. Around 20:00 on September 3, 2016, the Defendant entered the Victim F (Gain, Gain, Gain, 44 years old) house in Sejong-si E, with an open gate for the purpose of shooting the victim’s body in front of the toilets in which the window was opened, and infringed upon the victim’s residence.

On September 21, 2016, the Defendant came to the house of the above victim D on September 21, 2016, and infringed upon the victim’s residence by entering the front of the toilet where the window was opened for the purpose of photographing the victim’s body.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. The Defendant taken, at the same time, at the same place as stated in paragraph (3) above, the body of the victim F, which might cause a sense of sexual shame by photographing the body of the victim F, who takes a bath in toilets by using the gallon thallon 2 mobile phones prepared in advance, against the victim’s will.

B. The Defendant, at the same time, at the same place as stated in the above 1’sRa, taken the body of the victim D, who might cause a sense of sexual shame by galloning the body of the victim D who takes a bath in a toilet by using the gallon-2 mobile phone prepared in advance, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Photographs related to the case;

1. Records of seizure and the list of seizure;

1. Application of the Act and subordinate statutes to criminal investigation reports (propact files CD attachment);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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