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(영문) 서울중앙지방법원 2014.05.02 2014고단848
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 was a person who resides in the rooftop room of a house building in Dongjak-gu Seoul Metropolitan Government where he resides, and was aware that the victim 1 (the 36th, the 36th, the 33 years old), the victim 2 (the 33 years old, the 30 years old, the 30 years old), and the victim 3 (the 30 years old, the 30 years old), who was living on the next floor, was able to take a shower image by the victims.

On August 30, 2013, at around 23:59, the Defendant was unable to take or take a photograph of the victims’ showers for nine times from the above date to September 2, 2013, such as the list of crimes in attached Form No. 1, in which the Defendant was able to take a shower at the lower floor below the lower floor of the instant house, with approximately 1.2 meters long, and then fixed the cell phone operated by the video screen at the end of the body of the iron stuffs, and then the victims were able to have taken or tried to take the shower of the victims for nine times from the above date and time to September 2, 2013.

Accordingly, the defendant used a camera to take or attempt to take photographs of another person's body, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement by the police of the victims;

1. Seizure records;

1. Application of the video file CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;

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

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

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. As to the crime of a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act.

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