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(영문) 대구지방법원 포항지원 2018.05.03 2018고단114
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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. On August 16, 2017, the Defendant committed a crime of intrusion upon residence on the part of the Defendant: (a) was in front of the north-gu Dudio building at the port of Posi on August 16, 2017; and (b) was in front of the victim E (the age of 24) using the camera, which was known in advance for the purpose of inserting the entrance password of the entrance of the head of his/her residence, into the victim E (the age of 24) using the camera, which was known in advance for the purpose of photographing the entrance of the entrance password of the said female’s residence, through stairs and corridor, and then invaded the victim’s residence.

2. A crime committed on August 26, 2017;

A. On August 26, 2017, at around 09:36, the Defendant infringed upon a residence of the victim, setting up a camera in the victim’s residence and entering the password, which was known through images taken in the camera installed as described in the foregoing paragraph 1 for the purpose of photographing the victim’s residence, and then entering the living room to the victim’s residence.

B. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) committed by the Defendant on August 26, 2017, from around 09:36 to around 10:51, the Defendant installed a camera in the air conditioning room in order to photograph the victim’s body, etc. at the living room located in the victim’s dwelling, and from around 09:36 to around 10:51, the Defendant was unable to

Accordingly, the defendant tried to photograph the body against the victim's will by using a camera, but did not bring about the intent, but did not commit an attempted crime.

3. A crime committed on August 27, 2017;

A. On August 27, 2017, the Defendant invadedd the victim’s residence by entering the said victim’s residence in front of the said victim’s residence in the same manner as described in paragraph (1).

B. From August 27, 2017 to from around 19:20 on to 21:22, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), in a room in the above room room, which is the victim’s residence, the victim’s dwelling, and for the same purpose, installed the above camera under the head of the U.S. and installed it in the U.S. for the same purpose

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