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(영문) 서울북부지방법원 2018.01.18 2017고단4760
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 July 18, 2017, the Defendant affected a structure: (a) while passing through the studio building of the victim C located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul around July 18, 2017, the Defendant entered the said building and the adjacent house building into a narrow sloping room owned by the victim by the said building in a way other than a lock corrected to photograph the studio.

Accordingly, the defendant invadedd on the building managed by the damaged person.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), taken a brue image by using the window of the victim D (V, 50 years old), located adjacent to the above Ma, in Seongbuk-gu Seoul Seongbuk-gu, using the window of a bath room in the residence of the victim D (V, 50 years old), and taken a brue image of a son owned by the Defendant, which could cause a sense of sexual shame by operating the 6 mobile phone camera function of the 6 mobile phone phone, thereby inducing a sense of sexual humiliation.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. On-site reports and field photographs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) (a) (a point of intrusion upon a structure) of the Criminal Act and the choice of imprisonment with prison labor;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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