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(영문) 광주지방법원 목포지원 2021.01.22 2020고단729
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is an employee of the same company as the victim B (n, 38 years of age).

1. On July 2018, the Defendant: (a) sought to photograph the victim’s breamera (hereinafter “d” office toilets in the early mal. B, in order to photograph the victim’s breathic body, the Defendant failed to take a balthic body of the victim, which may cause a sense of sexual humiliation, by installing a balthmermera (hereinafter “falthm campaign”) on the part of the net balthic body installed immediately above the balthic body; (b) however, the Defendant attempted to take a balthic body of the victim who could cause a sense of sexual humiliation; (c) however, the Defendant failed to take photographs

2. On December 10, 2019, at around 18:55, the Defendant, at the place indicated in paragraph (1) at around 1, 2019, set up a brush (a single name “catt”) and took photographs against his/her will of the victim’s body, who may cause sexual humiliation or sense of shame, putting the body of the victim away from his/her clothes, which he/she had melted at that place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. A report on investigation (Attachment to photographs of the scene of the crime), and on-site photographs;

1. A criminal investigation report (related to CCTV in an office) and a photograph of a CCTV-cap in an office;

1. Application of two Acts and subordinate statutes to a investigative report (related to attaching a liquid camp scam), a liquid camp scambling a course and photographs, liquid camp scam scams;

1. Relevant legal provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17254, May 19, 202; hereinafter the same shall apply), Article 15 and Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17254, May 19, 202); Articles 15 and 14(1) (a) of the former Act on Special Cases concerning the Punishment, etc. of Sexual 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. Where a judgment of conviction against the defendant is finalized on the criminal facts stated in the judgment to register personal information and to submit such information under Article 48(1)1 of the Criminal Act, which are subject to forfeiture of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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