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(영문) 수원지방법원 2017.05.11 2016고단8210
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), on January 1, 2016, the Defendant taken screen pictures using the Defendant’s small camera, which had prepared for sexual intercourses with the victim’s victim D (n, 39 years of age) who was in the process of teaching at the Defendant’s home room located in the Ansan-si Group B located in the members of the Dong-gu, Ansan-si, Ansan-si.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On August 8, 2016, the Defendant infringed on a structure: (a) around 00:00, at around 00, the female toilets of the first floor of the E building were installed in a small camera with a view to melting the studio; (b) the Defendant opened the instant toilet and opened it up to the inside, and intruded into the female toilets managed by the Victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. Report on internal investigation (to visit the place of occurrence and interview of a reporter);

1. Reports on internal investigation (request for digital evidence analysis and response to the results);

1. Application of the statutes on seizure records and the list of seizure lists;

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, Article 319(1) (a) (a point of intrusion upon a structure) of the Criminal Act and the choice 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. For the reasons for sentencing under Article 48(1)1 of the Criminal Act, consideration shall be given to the shape and content of the instant crime, intent of the victim’s punishment, etc., but considering the fact that the Defendant reflects the mistake and that the Defendant has no record of being punished for the same kind of crime, the Defendant’s age, sex behavior, environment, background of the crime, and the circumstances after the crime.

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