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(영문) 울산지방법원 2016.12.08 2016고단3170
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, while working at a store operated by the victim D (Se. 42) and tried to take a image of seeing the use of the victim by installing a camera in the shape of the key of the vehicle purchased via the Internet at the toilet side of the toilet using the victim.

On July 12, 2016, the Defendant: (a) around 08:15, at a store where the Defendant, in Yangsan-si E, works for an employee, had the victim want to go to the toilet; and (b) first installed the above camera on the floor of the toilet to be used by the victim; and (c) taken the image of the victim to be melted.

From that time until August 26, 2016, the Defendant taken 21 times in total, such as the list of crimes in the annexed list of crimes, and attempted to take photographs of the victim’s blocks for the victim at least six times, but did not take photographs on the victim’s body part, thereby having attempted to commit an attempted crime.

As such, the Defendant had taken or attempted to take photographs of another person’s body, which may cause sexual humiliation or sense of shame, against his will, using the camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing crimes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (referring to taking photographs using carmeras, etc.), Articles 15 and 14 (1) (referring to taking photographs of carmeras, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual 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 (General Considerations as follows);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act reflects the victim's trust in which the defendant served together for a long time, and the victim, who is the employer, is the object of direct crime.

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