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(영문) 서울서부지방법원 2018.12.12 2018고단3488
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated an “E” photographer in Mapo-gu Seoul Metropolitan Government D and the 1st underground floor, who leased the above photographer for the purpose of procil shooting, and was able to take a shot camera in a sloping room when the victims wear clothes at the sloping room.

1. On March 2018, the Defendant committed the crime against the victim’s name in a senior policeman’s name, and the victim was found to have taken a pande photograph by lending the above photographer to the victim’s name, and the victim was found to have been off the pande in the spande room by installing the spane camera in the spane room and spande the spande in the spande room.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. The Defendant, at around 19:00 on April 16, 2018, tried to photograph the body of the victim F, in which the victim F had his clothes taken in a liquid camera, using the above method, but was unable to photograph the victim on the wind that the operation of the camera was suspended due to unknown reasons.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using carmeras against his will, but attempted to take the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Confiscation Article 48 of the Criminal Act.

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