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(영문) 청주지방법원 2018.12.19 2018고단2546
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 30, 2018, the Defendant entered the “C” room located in Seogan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

In order to take a small ccam (3 cm x 3 cm) which was located, the camcoer was set up on the front side of the table, was set up with the above camcoer attached to the cam, was set up, and the camnet was put in the direction for the gamnet to be kept in custody of clothes by the flams. However, the cam D, which was contained in the above women's escape room for cleaning on the same day, was not carried out with the intent to detect the above camcoer while collecting the camcoer.

As such, the Defendant attempted to take, but attempted to take, another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, against the latter’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of on-site photographs, small camping photographs, camping coaches images, and video CD-related Acts and subordinate statutes;

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The circumstances in which the nature of the crime is inferior in light of the intent or method of the crime committed by installing and photographing a small camccoer in a female escape room in light of the intent or method of the crime committed: the primary offender appears to be against his/her wrongness; the defendant's age, sexual behavior, environment, motive, means, consequence, etc.; and the punishment shall be determined as per the disposition, by comprehensively taking into account the aforementioned circumstances before and after the crime;

Where a conviction is finalized on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information.

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