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(영문) 대구지방법원 2017.06.27 2017고단1412
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

The defendant is a male-friendly room of D residing in the same studio 2 in Gyeongsan-si and residing in the same studio 5th floor, and the victim E (V, 20 years old) is a person who resides in D with the above studio 5th floor.

1. On December 2016, the Defendant entered the above D on the top of 18:00 to 19:00, the lower court, while setting up a camera in the shape of a portable USB camera that has a video recording function at the lower part of the upper part of the bath room, and taken the image of the Defendant up until the Defendant gets out of the upper part of the outer clothes and brought out other clothes, by installing a camera in the shape of a portable USB camera that has a video recording function at the lower part of the third part of the bath room.

2. On December 2016, the Defendant, at around 18:00 to 19:00, installed a camera in the same manner as above at the places indicated in paragraph 1, and taken the appearance of the Defendant to the time the victim was off from the upper part of the uniforms of the out-of-the-door and brought in other clothes.

Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar functions, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Domestic history report-Kameras photograph; and

1. Responses to the results of digital evidence analysis;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of motion pictures taken);

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

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 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend a lecture;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration, which is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is accordingly Article 43 of the same Act.

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