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(영문) 대전지방법원 논산지원 2018.09.14 2018고단427
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On July 29, 2018, the Defendant: (a) around 15:00, at a singing room located in C, and 4 stories, and (b) in order to photograph women who are considered to be melted in the above singing toilets for women’s use in the above singing room, the Defendant heard the sound of the victim E (V), who was hiding with the above women’s common use column, with the victim’s common use door door door, and took three minutes of the Defendant’s 6-phone camera in his possession, using the above and below the video recording function of the above singular camera, in which the Defendant took three minutes of the victim’s common use screen.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site map and on-site photograph;

1. Police seizure records;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered pursuant to Article 48(1)1 of the Criminal Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and sexual crime subject to registration which can be achieved due to such order.

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