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(영문) 대구지방법원 안동지원 2018.11.30 2018고단570
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person working as an emergency rescue worker in the hospital C located in the Gyeongbuk-gun B, and the victim D (the 36th, the 36th, the 43 years of age) and victim E (the 43 years of age, the 43 years of age) are the workplace of the defendant.

1. On August 1, 2018, the Defendant, around 07:50 on August 1, 2018, 2018, sent a cell phone camera to a box kept in front of strings at the front wave inspection room of the pertinent hospital, which is used by female employees as a escape cell, in order to take a boom of clothes by female employees, and taken a cell phone camera into the box in front of 30 minutes, and then concealed the box in line with the camera string, and the victims were able to take a dynamic image.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a portable telephone camera against their will.

2. On August 3, 2018, the Defendant, at around 17:00 on August 3, 2018, concealed a mobile phone camera with approximately 18 minutes of mobile phone in the same manner at the same place, and recorded the form in which the victim E was able to wear clothes in the video.

Accordingly, the defendant taken the body of the victim E who could cause sexual humiliation or shame by using a portable telephone camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E (tentative name);

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

1. Application of the Acts and subordinate statutes to photographs by cutting on the spot photographs and images;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Confiscation.

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