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(영문) 춘천지방법원 강릉지원 2018.12.06 2018고단1078

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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 40 hours.

Reasons

Punishment of the crime

From May 2018, the Defendant was a person who served as B B office C and an administrative assistant organization.

1. On April 26, 2018, the Defendant used smartphones in front of the bus stops in D Building, taken the fluorites of the Defendant using the Defendant’s 530 smartphone camera in front of the D Building.

In addition, from that time to October 15, 2018, the Defendant taken photographs against his will another person’s body, which may cause sexual humiliation using a camera over 77 occasions, such as [Attachment] Nos. 1 through 32, 34, 36 through 39, 43 through 44, 46 through 57, 61, 71 through 74, and 78 through 98.

2. On July 2018, the Defendant: (a) installed a string-type sub-sized macker camera on the wall of a female toilet in F, “F,” and (b) taken the macker’s macker’s mack on July 17, 2018. < Amended by Presidential Decree No. 24214, Jul. 17, 2018>

In addition, from July 15, 2018 to August 17, 2018, the Defendant taken photographs of another person’s body that may cause sexual humiliation using a camera over 21 occasions, such as the [Attachment] No. 33, 35, 40 through 42, 45, 58 through 60, 62 through 70, 75 through 77 in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each protocol of seizure and the list of seizure;

1. A report on the results of field identification;

1. On-site photographs;

1. A written appraisal;

1. A criminal investigation report (Attachment to a seal of the old CD and caps), screen image CDs, or a photograph of a caps;

1. A report on investigation (the confirmation of suspect mobile phones);

1. Report on internal investigation (related to the initial detection of interview);

1. Reports on internal investigation (Attachment of response data as a result of analysis of digital evidence) and replies on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to a investigative report (related to the closure of computer storage video images);

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is applicable to the crimes and the choice of punishment, shall be deemed to have been applicable.