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(영문) 창원지방법원 2013.6.25. 선고 2013고단487 판결

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영),성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수,건조물침입

Cases

2013 Highest 487 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(C)Attempted use and photographing of Kameras, etc., and intrusion upon a structure;

Defendant

A

Prosecutor

Kim Jong-dae (Court of Prosecution) and Mara (Court of Second Instance)

Imposition of Judgment

June 25, 2013

Text

A defendant shall be punished by imprisonment for four months.

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Seized gallon Nos. 1 (Tinfin smartphone) shall be forfeited from the defendant.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On November 28, 2012, the Defendant taken the bucks of women, whose name cannot be known, using a mobile phone camera in the library located in the third floor of Cuniversity, a three-story college, which is located at the window B of the Changwon-si, Changwon-si.

B. On December 4, 2012, the Defendant taken the bucks of women, whose names cannot be known using the cell phone camera at the places indicated in the above paragraph (a) on a time unfluence.

C. On December 9, 2012, the Defendant taken the buckbucks of women, whose names cannot be known by using the cell phone camera at the places indicated in the above paragraph (a).

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing), and intrusion on a structure;

A. On January 7, 2013, at around 13:28, the Defendant: (a) was female toilets in the third floor of C University Symna University Sym University, which is located in B of Changwon-si, with the third floor; (b) taken the image of the said victim’s body by using the cell phone camera prepared in advance by intrusioning the body of a female in which it is impossible to identify the victim’s name through the entrance of a female toilet with a view to photographing the body of the female in a camera, and by using the cell phone camera prepared in advance.

B. At around 11:50 on January 8, 2013, the Defendant took a photograph of a woman who was unable to know the victim’s name by using a cell phone camera prepared in advance by intrusioning upon the same method at the places described in the above paragraph (a).

3. Attempted attempts to commit a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing), and intrusion on a structure;

On January 11, 2013, at around 22:30, the Defendant, using the cell phone camera in the same way as the place mentioned above 2-A, tried to have the victim DNA off and 22 years old, and tried to take the body of the victim’s DNA off and melted by using the cell phone camera prepared in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Seizure records;

1. Report on the results of digital evidence analysis;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 14, Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201; hereinafter the same shall apply), Articles 14, 13(1) of the former Act on Special Cases concerning the Punishment,

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to complete programs;

Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The fact that the defendant committed a crime several times is not good: Provided, That the defendant shall be considered in favorable circumstances to the fact that he made a confession of a crime as a primary offender, and his depth is reflected in the crime, and the punishment shall be determined like the order, in consideration of the age, character, conduct and environment of the defendant and other sentencing conditions specified in the records.

Registration of Personal Information

Where a conviction of a defendant against a sex offense subject to registration 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 the relevant agency pursuant to Article 43

Disclosure Order or Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

Judges

Judges Park Jong-chul