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(영문) 창원지방법원 진주지원 2018.02.22 2017고단996
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of one year and six months in the Changwon District Court on April 29, 2016 for a special injury under the jurisdiction of the Changwon District Court, and the sentence was finalized on May 10, 2016, and is currently under the suspended sentence.

[Criminal facts]

1. No person shall photograph the body of another person against his/her will, using a camera or other mechanical device with similar functions, which may cause sexual humiliation or sense of shame;

On April 12, 2017, at around 08:43, the Defendant discovered that female victims were fluordd in the Dong of D University, which was located in C, due to a short fluorite, and accessed the victim, the Defendant taken the body of the victims who could cause sexual humiliation or shame by using the camera at around 115 times in total, such as the list of crimes, and taken the body of the victims who might cause sexual humiliation or shame, by using the camera.

2. On June 10, 2017, the Defendant infringed upon a residence: (a) discovered a female victim with a name infinite, who was short of a short finite E on the street at Jinju-si; and (b) taken the victim with a mind to photograph the video.

이에 피고인은 휴대전화 카메라를 켠 상태로 피해자를 따라가 같은 동에 있는 피해자가 거주하는 단독 주택의 2 층 계단까지 침입하여 피해자의 치마 속을 촬영한 후 돌아 나왔다.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F, G, and H;

1. A statement F and I;

1. A report on the results of analysis of digital evidence;

1. Written drilling (videos taken at the time of intrusion upon residence);

1. Investigation report (examination of the name of the crime and the list of crimes);

1. Written drilling (the suspect A's cell phone digital forensic data - video image;

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