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수원지방법원 안양지원 2014.02.06 2013고단1703

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

From 08:00 to 08:30 on June 24, 2013, the Defendant installed a small air conditioners at the second floor of the C building located in Yeongdeungpo-gu Seoul Metropolitan Government, and installed a small-sized camera (name of goods: Henenenenen Q8000) purchased on the Internet on the Internet, and recorded the body of the victims, who might cause sexual humiliation or sense of shame by using the camera, who are working club members of the victim D (the age of 26), the victim E (n, the age of 22), and the victim E (n, the age of 22) attend and take care of their uniforms, and taken the body of the victims, who might cause sexual humiliation or sense of shame, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. An investigation report (verification of the contents of the video ID);

1. Application of the Acts and subordinate statutes governing the purchase of portable cameras;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant in the place of work by installing a small camera at the escape room in the workplace and taking the form of the victims, who are the employees of the workplace, into the clothes. The nature of the crime is not good.

However, in consideration of the fact that the defendant has no criminal records of the same kind, and is against the defendant, the punishment shall be determined as per the order.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43

The Defendant’s age, occupation, risk of recidivism, and type, motive, and motive of the instant crime.