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(영문) 대구지방법원 2018.11.29 2018고단4817

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The suspect was aware that he was a person living in Daegu Northern-gu B Studio 202, and only women living in 201, next 201.

1. On June 6, 2018, the Defendant: (a) around 08:48 on June 6, 2018, in front of the bathing room where the victim C (the named name, the 26-year old age) resides in the room located in the Daegu Northern-gu, Daegu Northern-gu B (the 26-year age) ; (b) taken the body of a female in which the physical uri was doing shower in his/her bath room; and (c) taken a video recording between 30 seconds of the 30th of the 20th of the 196th of the Samsung Gri-gu, by carrying out the camera function of the S6 smartphone when the galth of Samsung Fri-gu, the Defendant carried a smartphone into the window cre of the said bath room and taken

As such, the Defendant tried to take a shower appearance of the victim, which might cause sexual humiliation or sense of shame, against his will. However, the Defendant did not have the victim at the time, but did not have the victim at the time and did so.

2. On July 17, 2018, the Defendant, at the same place as No. 19:20 around July 17, 2018, taken a video image of the body of the victim, who was opened after having performed the camera function of Samsung Galthon S6 smartphone, in a galthm ju, with a view to photographing the body of the victim who was showing a shower in a physical condition, at the same time as that of paragraph 1, at a view as that of paragraph (1) of this Article.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame 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. Protocols of seizure;

1. Application of Acts and subordinate statutes to internal investigation reports (explosion confirmation and attachment of site photographs), accompanying materials, investigation reports (in relation to the verification of surrounding CCTVs, such as the scene of occurrence), and accompanying materials, investigation reports (Attachment of seized smartphone photographs and images of crimes within a gallon), accompanying materials, internal investigation reports (Attachment of digital sirens request and results) and accompanying materials, investigation reports (the analysis of files extracted from digital sirens results);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;