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(영문) 광주지방법원 2016.04.20 2016고단228

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On October 23, 2014, the Defendant was sentenced to imprisonment for three years with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Gwangju High Court, and the said judgment became final and conclusive on October 31, 2014, and is currently under suspension of execution, and on December 9, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Gwangju High Court on December 9, 2015 and became final and conclusive on March 17, 2016.

The Defendant, with the aim of meeting sexual hosscising, intended to take pictures of the sexually related dynamic images of unspecified customers, who are accommodated in a telecom by installing a camping program, etc. to photograph and store hoscis using a camera attached to a computer in the telecom room in a computer installed in the telecom.

On August 6, 2015, around 11:22, the Defendant: (a) opened a knick-type PC with D 205 customers located in Gwangju-gu, Gwangju-gu; (b) opened an initial knick-type PC with a camera installed in the guest room; and (c) installed a campaign Twit, web Twit, clate program, etc.; and (d) stored the video images with a sex-related relationship between the two guest and the Defendant’s residence at a computer in the above guest room upon the implementation of the above program, from that time to September 8, 2015.

Accordingly, the defendant taken the body of other persons who could cause sexual humiliation or shame using a camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in the police statement protocol against E;

1. Each entry into the records of seizure and the list of seizure;

1. Each internal investigation report (D.).