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(영문) 울산지방법원 2018.10.18 2018고단1952
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

1. On March 2018, the Defendant, on March 2018, 2018, took a brupt of the name-free women, who reported the brupt in the inner section of the brupt, using the Defendant’s smartphone camera function from the 1st floor public toilets located in Ulsan-gu, Ulsan-gu, U.S. (U.S.) with the Defendant’s smartphone’s camera function.

Accordingly, the defendant taken the body of the victim who caused sexual humiliation or shame by using the camera function against his will.

2. On March 2018, the Defendant, on the second floor of “F Branch E” located in Ulsan-gu, Ulsan-gu, U.S., Seoul-do, taken a photograph by using the Defendant’s smartphone’s camera function in the body room on the second floor of “F Branch E” in the middle of March 2018, using the Defendant’s smartphone’s camera function, in the name unexplosive female victim, seated next smartphones in front of the tight seat.

Accordingly, the defendant taken the body of the victim who caused sexual humiliation or shame by using the camera function against his will.

3. On May 8, 2018, the Defendant, at around 01:00 on May 8, 2018, taken a photograph of the victim H (the 19 years old) by using the Defendant’s smartphone’s camera function in the second floor of the G Building in Ulsan-gu G Building, Ulsan-gu, Seoul-gu, the Defendant used the Defendant’s smartphone’s camera function, and taken a photograph of the victim H (the 19 years old).

Accordingly, the defendant taken the body of the victim who caused sexual humiliation or shame by using the camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Police seizure records and list of seizure;

1. Investigation reports (with respect to the results of digital evidence analysis, including arrest at the scene of the crime, with respect to digital evidence analysis photographs), and attachment DD and photographic laws and regulations;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes / [Selection of imprisonment with prison labor]

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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