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(영문) 수원지방법원 2018.04.26 2018고단868
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On December 26, 2017, the Defendant, at the English public book room located in K apartment 104 dong 901, the Defendant, at the time of 16:41 on December 26, 2017, activated the application for photographing video pictures installed in the Defendant’s Audio, and took the form of the Defendant’s use of the toilet in a way that the Defendant can easily change the phone.

Accordingly, the Defendant taken the body of another person who may cause sexual humiliation or shame as above against his will.

Summary of Evidence

1. Each written statement of L and M;

1. A report on the results of analysis of digital evidence;

1. Attachment of data related to excessive waves and a written guidance for living;

1. Police seizure records and list of seizure;

1. On-site photographs;

1. 범행 모습 영상 씨디( 디지털 포 렌 식 결과) [ 피고 인은, 와이 파이 신호가 잡히는 위 공부방의 화장실에서 아이 튠 업데이트를 하기 위해 그곳 장식장 안에 아이 폰을 넣어 두었을 뿐 타인의 신체를 몰래 촬영할 의도는 없었다고

The argument is asserted.

However, according to the above evidence and in particular, according to the video images of the crime scene, the defendant set up a map in the direction that the defendant can easily take a dynamic image into a funeral room, such as the defendant's act of setting up and not easily cut off the body of the victim using the toilet in a toilet, and making it difficult for the defendant to take a dynamic image into a funeral room.

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. There are special circumstances in which it is impossible to impose an order to complete a program, because it is difficult to expect effectiveness of recidivism due to a foreigner’s failure to communicate with the Korean language without smooth communication, and thus, it is difficult to expect such effect due to such foreigner’s failure to do so;

[Judgment]

1. Confiscation Article 48 of the Criminal Act.

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