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(영문) 의정부지방법원 고양지원 2017.12.21 2017고단3243
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 31, 2017, around 06:00, the Defendant taken two photographs, one video, and one video image using a DNA SDR camera, in which the victim E (V, 38 years of age) residing in front of the building No. 302, Dong-dong, Dong-gu, U.S., Dong-gu, Manyang-gu, and the victim E (V, e.g., f., f., c8 years of age) wear a brol at the drack room, and put clothes back.

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

2. On September 5, 2017, the Defendant, at around 06:05, on September 5, 2017, took a photograph of a video image using a DNA SDR camera, where the victim, who resides in the front building at the place specified in the foregoing paragraph 1 at the drstum room.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. A report on the results of analysis of digital evidence;

1. On-site photographs taken by victims;

1. Application of Acts and subordinate statutes to report internal investigation (the details of the recovery of a suspected suspect's camera), investigation report (the temporary revision of a crime and the specific revision of a crime);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have been committed by the Defendant, setting up the camera at his own window, and photographing the body of the victim living in the front building, in light of the method of crime, etc., the crime is not appropriate, and the victim suffered considerable mental shock and sexual humiliation.

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