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(영문) 대전지방법원 2015.02.11 2014고단4201
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 and 2 shall be confiscated, respectively.

The defendant shall be 120 hours.

Reasons

Punishment of the crime

[criminal power] On April 30, 2014, the Defendant was sentenced to two years of suspension of execution in six months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Daejeon District Court, and the said judgment became final and conclusive on May 8, 2014 and is currently

【Criminal Facts】

On July 20, 2014, around 19:00 to 20:00, the Defendant, at the first floor of the department store located in Daejeon Seo-gu Daejeon, installed a camera in the shape of a square, on the back of its right surface, and downloaded to the victim's name unexploded female who suffered a blue chropi, and taken the victim's body flaf under the victim's body flaf under the victim's body flaf, and recorded the damaged female's body flaf with a video image on 16 occasions, such as in the list of crimes on the same day.

Accordingly, the defendant taken 16 times against his will another person's body, which could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Seizure records;

1. Each photograph, CD;

1. Application of Acts and subordinate statutes to a criminal investigation report (ameras date, etc.), investigation report (the confirmation of a victim) and investigation report;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

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

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed again during the period of suspended execution for the same crime with the same reason for sentencing, where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information in consideration of the fact that many people have taken a body and stored such image, etc., the Defendant shall be subject to Article 42(1) of the Act on Special Cases concerning

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