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(영문) 수원지방법원 2017.10.12 2017고단4968
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is between victim D (n, household name), victim E (n, household name) and workplace club fee.

On May 14, 2017, the Defendant: (a) opened a camera at the victim’s house toilets, which had been known in advance for the purpose of photographing the victim’s appearance, and intruded into the toilet through the entrance door, and installed a small camera at the same time, and (b) took a screen of the victim’s d's bridge, which was in front of the victim’s house, using the above small camera around the same day, at the end of the same day, taken the front of the victim’s d's bridge, which was in front of the victim’s house, with the intention of photographing the victim’s appearance.

Accordingly, the defendant intruded the victims' residence and taken the body of the victim D, which could cause a sense of sexual humiliation, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigative report (Attachment of a photograph of a flamere image to a flamere), screen picture taken by the person under his/her control;

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

1. Relevant Article 319 of the Criminal Act concerning the crime, Article 319 of the Criminal Act concerning the selection of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) and the selection of imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the aggravated punishment for concurrent crimes, such as carmers) ;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Sexual Crimes, the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The confiscation of personal information under Article 48(1)1 of the Criminal Act is convicted of a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) among the crimes in the instant case subject to the submission of personal information.

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