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(영문) 의정부지방법원 고양지원 2019.03.28 2018고단3313

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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

피고인은 2018. 9. 29. 18:57경 고양시 일산동구 B 1층 소재 'C점'에서, 종이가방에 구멍을 뚫고 그 안에 카메라를 켠 휴대전화를 설치하여 들고 다니던 중, 그곳 직원인 피해자 D(여, 21세)를 따라다니면서 위 카메라가 들어있는 종이가방을 피해자의 치마 밑으로 집어넣어 피해자의 허벅지 부위 등을 촬영한 것을 비롯하여 2018. 9. 3.경부터 같은 달 29.경까지 별지 범죄일람표와 같이 총 27회에 걸쳐 같은 방법으로 카메라를 이용하여 성적 욕망 또는 수치심을 유발할 수 있는 사람의 신체를 그 의사에 반하여 촬영하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, and D;

1. Paper bags and internal photographs used by the suspect for committing the crime;

1. Records of seizure and the list of seizure;

1. Investigation report (videos, etc. related to crimes stored inside the cell phone owned by the seized suspect);

1. Application of the Acts and subordinate statutes to the investigation report (the list of crimes through images on the cell phone page owned by the seized suspect);

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts

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 ( considered as the following favorable circumstances):

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused has committed multiple crimes in a planned manner by hiding cell phone cameras at the end of the end, and caused a large sense of sexual humiliation in light of the physical parts of the victims expressed in the photographs, the degree of exposure, etc.

Defendant acknowledges and reflects crimes.

It shall be punishable by a fine for injury.