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(영문) 울산지방법원 2015.09.17 2015고단1394
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

At around 07:00 on March 2, 2015, the Defendant: (a) granted a hole of approximately 4 meters at a hot spring room in Ulsan-gun B, Ulsan-gun; (b) attached smartphone camera project suitable for the hole in a hole; and (c) attached the victim D (n, 29 years old) above the clothes back of the clothes used by the victim D (n, b9 years old); and (d) taken the image of the victim by operating the recording function, and then taken the shape of the victim’s working in his/her uniforms.

6. 3. From 07:00 to 07:00, the victim taken 81 times in total, such as the list of offenses, in which the victim took clothes.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A criminal investigation report (portable phone, external camera-finding), and an investigation report (verification of suspect computers);

1. Records of seizure and the list of seizure;

1. Photographs of each screen of a motion picture suspended;

1. The application of Acts and subordinate statutes, such as photographic photographs used in shooting and computer body at the domicile of the suspect;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service or attend lectures;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is about 81 months, taking the appearance of the victim, who is a workplace employee, in the form of taking clothes over 81 times during the period of 3 months, and the nature of the crime and the circumstances of the crime are not good. The fact that the mental shock of the victim caused by the crime of this case seems to have considerably increased is that the defendant is disadvantageous to the defendant.

However, the fact that the defendant is against the victim, that the defendant agreed with the victim, and that the motion picture taken is not visible, and criminal punishment.

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