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(영문) 대구지방법원 서부지원 2019.05.15 2018고단2853
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

1. On April 27, 2018, the Defendant, at around 22:00, installed a “mar model camera which makes it possible to record images in a female toilet located in a cafeteria located near Daegu-gu, Daegu-gu, by installing a “mar model camera” in which he had in advance his own, taken the image against his will, as shown in the attached list of crimes.

2. On May 21, 2018, the Defendant: (a) around 20:30 on May 21, 2018, at the Daegu Seo-gu, and (b) installed a “D” model camera that enables video recording in advance in the restaurant toilets; (c) tried to take the image of the influence women, such as the fluor, the fluor, and the fluor, the fluor. However, the Defendant discovered the camera and attempted the fluor.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as to the date, time and place of crime), investigation report (to analyze digital evidence analysis data and to verify the image of the crime), investigation report (to hear the statement of the reported person), internal investigation report (to listen to the statement of the reported person), internal investigation report (as to the face of the reported person and police officer when taking off a drama model camera), internal investigation report (as to the face of the reported person and police officer, such as the face of the reported person when taking off), internal investigation report (as to the victim's specific impossibility and type of victim), internal investigation report (as to the victim's specific location), internal investigation report (as to the suspect's face, etc. taken in a camera), internal investigation report (as to the confirmation of the victim's suspect), internal investigation report (as to the first victim's face), internal investigation report (as to the confirmation of the suspect of the following person);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Article 14(1) camera of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts and the selection of punishment.

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