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(영문) 광주지방법원 목포지원 2017.02.17 2016고단1633
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

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, on November 9, 2016, the Defendant: (a) reported that the victim D (V, 23 years old) entered the partitions in the first-story female toilets, i.e., C University SU, Sym University Professor, Sym University Professor, Sym University, and G, Nanannam-gun, and entered the partitions among the three partitionss in the above female toilets, and entered the victim’s right side partitions.

The victim's tacks and bucks of the victim's tacks, where the cell phone function in the carmer function was put under the partitions and the bucks of the victim reported the macks, have taken a image of the bucks and bucks, and the victim's bucks and bucks that reported the bucks by raising the bucks of the above mobile phone in the partitions.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the relevant Acts and subordinate statutes to seizure records and report on internal investigation (related to the attachment of moving images stored in the suspect's cell phone);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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 Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, and Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant suffers, and the subject of registration that can be achieved.

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