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(영문) 서울서부지방법원 2017.08.18 2017고단643
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the execution of the above sentence 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 and the victim B are the ones heeded from August 2015 to December 2016. 1. The Defendant into a residence intrusion upon the victim’s house by installing so-called “Mamermera” in the victim’s house to steals the daily life of the victim, and on February 8, 2017, at around 14:10, the victim’s house located in Eunpyeong-gu Seoul, and infringed upon the victim’s residence.

2. Around 14:10 on February 8, 2017, the Defendant set up a so-called “Mamermermera” at the victim’s home at around 14:10, and taken photographs of the victim’s body against his/her will, from then on February 9, 2017, of the victim’s home, from around February 13:00, the Defendant taken pictures of the victim’s clothes, such as the victim’s face-to-face, and the victim’s seated with panty only, and the shape of the victim sits against his/her will that may cause sexual humiliation or sense of shame using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on seizure records;

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

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the aggravated punishment for concurrent crimes, such as carmers).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 62-2 (1) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Sexual Crimes.

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

6. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Unfavorable circumstances: The defendant's intrusion upon another person's residence and establishes so-called Mameras.

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