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(영문) 춘천지방법원 2019.01.29 2018고단1108
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around September 21, 2018, the Defendant tried to take the body of the victim by putting a small camera, which was previously purchased in the cudio of the Kucheon-gun building Kacheon-gun Building C where the victim, who is the Defendant’s wife (here 29 years of age), was living, using the clothes of the cudio, and installing it in the transparent plastic clothes in the above cudio, while the Defendant tried to take the body of the victim by installing it in the cudio of the cudio in the cudio of the cudio, 23:00 on the same day. However, the Defendant attempted to take the body of the victim at around 23:0 on the same day without being aware of the victim’s body.

2. The Defendant, at the time and place specified in Paragraph 1, was installed in the victim’s residence and opened an entrance and intruded into the victim’s residence by using the keys under the name of repairing sewage pipes from the previous victim for the purpose of shooting the victim’s body by installing a small camera in the victim’s residence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, and Articles 14(1) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 319(1) of the Criminal Act; Article 319(1) of the Criminal Act (the point of attempted taking pictures using a camera, etc.); the choice of each fine (the point of taking photographs, such as a camera, refers to attempted taking; the victim does not want to be punished; the accused surrenders himself/herself and is against it; the accused has voluntarily surrendered; the fact that there exists no power; the relationship between the accused and the victim; the family situation of the accused; the means and consequence of the crime; the circumstances after the crime, etc.)

1. Article 52 (1) and Article 55 (1) 6 of the Criminal Act for mitigation of self-denunciation;

1. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 6 of the Criminal Act (as to the offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (as to the punishment of Camers, Use and photographing);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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