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(영문) 부산지방법원 2015.10.21 2015고단5394
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2015, the Defendant, at around 18:00 on the first floor of the D Hospital located in Busan-gu Busan-gu, the Defendant: (a) completed the duties of the Victim E (n, 19 years of age) who is an assistant nurse; and (b) installed a camera image shooting inside his smartphone in advance in order to take a photograph of clothes, in order to take a part of his clothes, the Defendant taken the image of the camera, which was installed in his smartphone in advance, and the victim sleeps the upper and lower nurse uniform and sleeped the clothes in the state of being sleeped.

2. At around 13:05 on July 26, 2015, the Defendant, at a shower room for women in the above paragraph (1) and the five-story of the hospital, taken a shower by the victim F (n, 21 years of age), who is the patient of the above hospital, using a camera installed in his/her smartphone, divided the video photographer into the victim’s chest, her chest, her shot, etc. into the shower room by inserting it into the upper part of the shower room, and taken a shower against his/her will.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using each camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. The police seizure record and the list of seizure;

1. Answers on results of digital evidence analysis, application of the relevant Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (see, e.g., that the defendant appears to have committed a crime, that the victim E does not want the punishment of the defendant, that the victim E does not have any criminal history)

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the accused shall be punished, etc

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