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(영문) 수원지방법원 여주지원 2018.12.11 2018고단1077
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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, as a person operating “E” in Ischeon-si D, had a long sense of view to take a secret body part of the Victim F (F, 34 years old, name), who is an employee of the said photographer, who had a sense of view for a long time.

On December 2, 2016, the Defendant installed a camera, which was purchased in advance on the Internet, on the side of the electrical measuring instrument of the above toilet, in a male and female public toilet of the first floor of the above photographer, and used it to take the image of the victim F as a video, and thereafter taken the form of the victims who were viewed as a melter in the above toilet on August 9, 2018, as shown in the list of crimes in the attached list of crimes, around 13:00.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each complaint filed by F and G;

1. Each statement protocol with respect to F and G;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes by capturing a damaged photograph of the victim;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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 against an Order to attend a lecture or an order to provide community service;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the period of restriction on employment shall be one year in consideration of the age, occupation, risk of re-offending, degree of attitude of committing an act, etc. of the accused), which

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and Article 49(1) of the Act on the Protection of Juveniles from Sexual Abuse.

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