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(영문) 제주지방법원 2016.11.30 2016고단2033
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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. On June 19, 2016, the Defendant, following the victim C, who returned home around 01:50 on June 19, 2016, went to the entrance of the second floor through stairs to the victim’s residence, and went to the direction of the second floor through stairs, was invaded upon the victim’s residence.

2. Around 01:59 on June 19, 2016, the Defendant: (a) taken the body of the victim F, who was in the body of the Defendant’s cell phone with a video camera function outside the window of the defendant’s cell room located in his/her bath function, taken the body of the victim F, who was in his/her toilet in his/her bath room, taken the body of the victim F, who was in his/her clothes in his/her bath room, taken the body of the victim F, who continued to have sexual intercourse between the window of the room and the victim’s body against his/her will; and (b) taken the victim F and the victim’s body against his/her will.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against F and G;

1. A written statement prepared in C;

1. 112Report sheet, investigation report (specific place of crime), investigation report (distance between the scene of crime and the place of arrest), investigation report (limited to digital evidence analysis officers and telephone (referring to the date and time of file creation));

1. Application of two copies of Acts and subordinate statutes to each relevant photograph, photograph, output, etc.;

1. Relevant provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of entering residence), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs of cameras) and the choice of imprisonment with prison labor for the crime;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) recognized the facts of crime and reflects the fact that the sentence was committed as ordered, taking into account the following circumstances into account; and (b) KRW 500,000 as a fine for an injury on August 25, 201.

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