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(영문) 창원지방법원통영지원 2020.08.26 2020고단447
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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 living together with C, who is a victim B (a family name, female, 22 years of age).

The Defendant, together with the victim B and the victim B, had a mind that other victims could show a shower in the toilet or take a string the crepane in which other victims live together in the house located in Gyeongnam-gun E in Gyeongnam-gun, where the victim D (the name, the name, the age of 20) were living together.

On February 17, 2020, the Defendant, at the toilet of the above house, concealed the Defendant’s small camera in the toilet room, implemented the screen pictures, and taken the body of the victims using a small camera, etc. for a total of seven times from October 2019 to February 17, 2020, including taking the image of the victim D, which was shower, by executing the screen pictures.

Accordingly, the Defendant taken the body of a person who may cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made in relation to B (alias) and D;

1. Report on internal investigation (Submission of CDs in which illegal photographing and motion pictures of a victim B (alias) are white);

1. A complaint;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the Defendant shall be subject to Article 42 of the Act on Special Cases concerning the Punishment,

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