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(영문) 춘천지방법원 2016.02.05 2015고단870
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. A person who is guilty shall be punished by imprisonment for six months;

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 19, 2015, at around 22:45, the Defendant infringed upon the victim C’s studio 300 front of the studio in which the victim C resides, through an external studio room, which was not locked for the purpose of photographing the body of the female. 2. On the same date and at the same place, the Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, opened a shock network installed in the studio toilet window at the above time and at the above place, and recorded the victim C (the 25-year-old body)’s studio in a shower system using the mobile phone camera function owned by the Defendant.

Accordingly, the Defendant taken or attempted another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs (the defendant taken a video image of the victim's body while shower, such as the facts constituting the crime indicated in his/her own smartphone);

The application of the Act and subordinate statutes to convict the criminal facts of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use Screening, such as Cameras, etc.) is supported by the statements of the victim's investigative agency.

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense, Article 319 (1) of the same Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of view, such as a camera, etc.);

1. Selection of each sentence of imprisonment;

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 violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Kameras, etc.)

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows:

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The defendant's grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend a lecture are sexual humiliations.

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