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(영문) 광주지방법원 해남지원 2013.03.20 2012고단281
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On August 21, 2012, at around 22:36, the Defendant taken a film of the body of the victim shower who was shower through the Defendant’s cell camera window using the cell phone camera outside the bathing room of the victim D (n, 22 years of age) who was in the south-Namnam Navy C, against the female’s will.

B. On August 26, 2012, around 00:09, the Defendant: (a) taken the body of the victim who was shower through the cell camera of the Defendant’s cell line outside the bathing room using the cell camera of the victim F (M, 22 years of age) of the building E in the Namnam-gun, Namnam-do; and (b) taken the dynamic image against his will.

Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar functions, which could cause sexual humiliation or shame.

2. On August 25, 2012, around 23:30 on August 25, 2012, the Defendant: (a) committed theft with three pantytys owned by the victims, who were suffering from being rapidly thrown by using the wooden atmosphere in the Blue-gun, Namnam-gun, Namnam-gun, Seoul; and (b) committed theft with three pantytys owned by women

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. Records of seizure and the list of seizure;

1. Application of relevant Acts and subordinate statutes;

1. Article 1 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 13 (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 329 of the Criminal Act;

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

1. Although probation is not very high enough to commit the instant crime under Article 62(1) of the Criminal Act, the victim is a victim;

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