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(영문) 창원지방법원 2016.09.29 2016고단2270

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No photograph shall be taken against the will of another person's body, which may cause sexual humiliation or sense of shame, by using camera or other similar devices.

1. Crimes against the victim B;

A. On April 8, 2016, the Defendant, at around 23:40 on April 8, 2016, took pictures against his/her will, after installing a so-called ‘so-called ‘so-called ‘so-called ‘so-called ‘so-called’ pattern’ in his/her own residence, which may cause sexual humiliation or shame, after installing a so-called ‘so-called ‘so-called ‘so-called’ pattern’ in his/her own residence.

B. On April 14, 2016, the Defendant taken pictures of the sex relationship with the above victim, which could cause sexual humiliation or humiliation by the said method, at the above location around April 14, 2016.

(c)

On April 21, 2016, the Defendant taken pictures of the sex relationship with the above victim, which could cause sexual humiliation or shame at the above location on April 21, 2016, against his/her will, at the above location, by means of the foregoing methods.

2. A crime against a person who has no name of the victim;

A. On April 10, 2016, the Defendant, at the above place around 00:27 on April 10, 2016, taken the face of sexual intercourse with the victim’s name and the victim’s non-victim who could cause a sense of sexual humiliation or shame by the said method against his/her will.

B. On April 23, 2016, around April 23, 2016, the Defendant taken pictures of the sex relationship with the above victim, which could cause sexual humiliation or humiliation by the said method, at the above location around April 18:39, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Seizure records;

1. Application of the video CD-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 provisions on criminal facts;

1. Selection of each sentence of imprisonment;

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

1.Article 62(1) of the Criminal Act (a) of the suspended execution.