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(영문) 춘천지방법원 2018.06.26 2018고단326

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

The defendant is a person who operates the "C" in Chuncheon City B.

On March 3, 2018, at around 11:19, the Defendant taken a photograph of the body of the victim D (27 years old, female) that is deemed to be melted by putting the camera in a stop box located in the above convenience store, with a locker installed, and sited down, and taken the body of the victim from March 3, 2018 to March 4, 2018 as follows:

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

The summary of the evidence at around 12:48 on March 3, 2018, 2018, the victim of the temporary setting of the crime method of the victim at Switzerland-si, B around 11:19, the summary of the evidence at around 17:06 on March 3, 2018, taking pictures of the form of melting a camera installed in a stop line located in C toilet D, D, D, and on March 3, 2018. < Amended by Act No. 15314, Mar. 3, 2018; Act No. 1544, Mar. 17: 13, 2018; Act No. 15494, Mar. 4, 2018>

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Seizure records;

1. On-site reports (Attachment of field photographs), internal investigation reports (related to analysis of files for storage of carmeras);

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend a lecture;

1. The crime of this case in which the defendant, for the reason of sentencing under Article 48(1) of the Criminal Act of confiscation, taken several times the face of exposure to a specific female employee working at his convenience store, etc. at the toilet, which is an enclosed space, is likely to be criticized as being detrimental to the peace in daily life.

The victim seems to have suffered a great sense of sexual humiliation.

In this respect, the defendant selects the imprisonment with prison labor.

However, additional damage, such as the result of photographing is spreading externally, etc.