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(영문) 대전지방법원 천안지원 2018.08.10 2018고단86
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2017, the Defendant, at around 07:00 on a female toilet located in Northern-gu, west-gu, Seocheon-si, Seocheon-gu, Seocheon-si, in which the partitions of the victim C (the victim, the 29-year age), who was in use, was exposed to the above-mentioned smartphone, taken a video image of the damaged victim’s urine by using the camera function of the smartphone’s camera.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

2. On November 19, 2017, the Defendant, at the same place as before and after around 07:10 on November 19, 2017, taken a video image image of the damaged person’s urine in the toilet partitions in use by the victim E (n.e., female, age 29) using the victim E (n.e., smartphone)’s camera function towards the upper end, using a smartphone’s camera function.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C (tentative name) and E;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Etc. of Specific Crimes (a point of taking photographs, such as cameras) and the selection of imprisonment with prison labor for each 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. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes are as follows: (a) the nature of the crime is not weak in light of the methods, frequency, content, etc. of each of the crimes in this case; and (b) the mental shock and sense of sexual shame that the victims experienced; (c) the Defendant was punished by a suspended sentence of imprisonment due to a sex crime of a similar nature on around 2014; and (d) the Defendant each of the crimes in this case.

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