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(영문) 창원지방법원 진주지원 2017.06.13 2017고단142

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

The defendant is the third village of the victim B (n, 19 years of age).

1. On December 19, 2016, the Defendant, at the victim’s room located in Jinju-si C, 101 Dong 103, Jin-si, 13:14 on December 19, 2016, sent the “ hand-to-face Kamer” (the hand-to-face Kamer in the form of hand-to-face Kamer that is installed with super-small cameras that are difficult to be identified in appearance) to the table located therein, and the Defendant taken a picture of the victim’s clothes in the room.

2. The Defendant, at the same place as around 11:13 on the following day, taken the victim’s clothes in the room in accordance with paragraph 1, at the same time as around 11:13.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a camera for the purpose of meeting his own sexual desire, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes on digital evidence analysis report, results response DVD, investigation report (digital evidence analysis);

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. 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 on the suspended execution;

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Grounds for sentencing under Article 48(1)1 of the Criminal Act for forfeiture - Unfavorable circumstances: Disfavorable circumstances - Circumstances: A defendant who makes a confession of a crime and who has no criminal record of reflectivity, the same kind of execution or suspension of execution or more is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, if this judgment becomes final and conclusive.

The defendant's age, occupation, and exemption from the disclosure order and notification order;