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(영문) 의정부지방법원 2016.07.18 2016고단1664
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2008, had the view of the inspection called “E” located in D at the time of the Government of the Republic of Korea. From around 2008, the Defendant had the victim’s sexual intercourse with the victim, who had sexual intercourse with the said inspection.

1. On October 24, 2009, the Defendant, in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, installed CCTV cameras in the ceiling, etc. at the Defendant’s residence located on the first floor of the FF neighboring building of the city of Jung-gu, Jung-gu, Seoul, and taken video images of the form of a sexual relationship with the victim with his/her personal body.

In addition, the Defendant taken photographs of the body of the victim who could cause a sense of sexual shame against the victim’s will in five times from October 24, 2009 to October 28, 2009, as shown in [Attachment Table Nos. 1 to 5].

2. On April 26, 201, the Defendant: (a) installed CCTV cameras in the apartment temple called “H” on the second floor of the G building at the time of his government around 2011; and (b) taken video images of the form of a sexual intercourse with the victim’s body by installing a CCTV camera in the ceiling of “H”; and (c) taken a sexual relationship with the victim’s body.

In addition, from April 26, 201 to August 16, 2011, the Defendant taken photographs of the body of the victim who could cause a sense of sexual humiliation against the victim’s will over 24 times, as shown in [Attachment Table Nos. 6 to 29], from around April 26, 2011, to August 16, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made againstO;

1. Data of photographs;

1. Evidential materials;

1. Documents evidencing the receipt of text messages;

1. A photograph of a dynamic image closure;

1. A medical certificate;

1. Video photographs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14-2(1) of the relevant Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims thereof (Amended by Act No. 9932, Jan. 18, 2010); Article 14-2(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1032, Apr. 7, 201).

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