logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.17 2016고단5844
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

1. At around 22:30 on June 13, 2016, the Defendant installed a small camera (high professional HEO4) in a toilet at the Switzerland located in Switzerland D, and taken a shower image of the victim E (the age of 24) by using the video recording function of the above camera.

2. On June 14, 2016, at around 23:30 on June 14, 2016, the Defendant taken a shower image of the said victim in the same manner as above at the place indicated in paragraph (1).

In this respect, the defendant taken the body of the victim who could cause sexual humiliation or sense of shame through a camera twice against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on closure photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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. The fact that the reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant appears to have an attitude of recognizing and opposing the crime is advantageous to the fact that the crime was committed by installing a camera in the shower room, and the nature of the crime is not good, and that there was a record of punishment by intrusion upon the female’s residence in order to photograph the clothes of the Defendant, and that there was no recovery of damage, etc., the fact that there was no recovery of damage should be considered disadvantageous circumstances, and the punishment is determined as per the order, taking into account the various factors stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and behavior, and environment

Where a conviction becomes final and conclusive on a crime subject to registration, such as registering and submitting personal information, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

arrow