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(영문) 창원지방법원 2016.10.25 2016고단2669

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six 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. On July 2016, the Defendant discovered that, within the studio 302, the studio B located in Kimhae-si, the Defendant’s residence in the Defendant, the second floor of the building immediately adjacent to the above studio, the victim C (a family name) was shower, and taken a bridge of the victim’s body using the camccoer (JVC and model name: GR-DVL510KR) that was kept for the purpose of meeting his/her sexual desire.

2. On July 24, 2016, at around 21:00, the Defendant taken a video image of the body of the victim in the manner described in paragraph (1) at the place described in paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame over a total of twice against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement under C;

1. Seizure records;

1. Application of investigation reports (the restoration of evidentiary materials and video tapes)-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflects the fact that there is no past record of criminal punishment, other than one time for a minor fine resulting from a crime committed by this type

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Where this judgment on the registration of personal information under Article 48 (1) 1 of the Criminal Act becomes final and conclusive, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of crimes subject to an order for disclosure or exemption from notification and record of punishment, etc., personal information shall not be disclosed pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.