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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 상주지원 2015.11.03 2015고단441
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On August 5, 2011, the Defendant taken photographs of another person’s body against his/her will that could cause sexual humiliation or sense of shame by photographing the body of the victim, using a small-sized camera, which is the Defendant’s wife in E, at the time of stay on August 5, 2011.

2. On August 10, 2011, the Defendant taken the body of another person against his will, using the above camera, which could cause sexual humiliation or shame, by photographing the body of another person, who may cause sexual humiliation or sense of shame, of the victim’s clothes, in the bathing room of the said victim B.

3. On August 22, 2011, the Defendant, using the above camera, taken the body of another person, who could cause sexual humiliation or sense of shame, by photographing the victim C, who was in a relationship with the Defendant, with the Defendant using the victim’s sexual intercourse, at a viscosa, where it is difficult to know the trade name under the abortion of the Defendant’s sexual intercourse with the Defendant.

4. On September 8, 2011, the Defendant taken photographs of the victim’s body against the victim’s will, in the mutual incompetel located in Jindo-dong, where the victim C exceeded clothes and showered, and where the victim had sexual intercourse with the Defendant, taken the victim’s body against the victim’s will that may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, C, and F;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Special cases concerning the dismissal of an application for compensation, the promotion of litigation, etc.;

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