logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.18 2017고단1125
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

The defendant was a person who worked as a manager of the restaurant of Gangnam-gu Seoul, Seoul and the victim D (V, 26 years old) was a guest of the above restaurant.

1. On August 6, 2016, around 23:25, the Defendant invadedd a structure, deeming the said victim to go to female toilets, and entering the said female toilets to be viewed as having changed to the mobile phone of the Defendant.

Accordingly, the Defendant, who was unable to know his name, invaded upon the above B manager’s building against his will.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) Defendant entered the above 1. Date and time, and the side partitions of the partitions in which the victim reported the melting side at the place, and collected the Defendant’s cell phone 6 mobile phone in an open space below the space, and using the aforementioned mobile phone photographing function, the victim’s shotphones and clothes were taken once a screen image.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Police seizure records and list of seizure;

1. Photographss of toilets at the scene of occurrence;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 319(1) of the Criminal Act applicable to the crime, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) and the selection of imprisonment with prison labor for the crime;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. On February 21, 2013, the Defendant for reasons of sentencing under Article 48(1)1 of the Criminal Act is similar to this case at the Cheongju District Court.

arrow