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(영문) 대구지방법원 2018.08.30 2018고단3238
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment 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 August 17, 2017, the Defendant infringed upon a residence: (a) the victim outside the studio, which is a residence of the victim C in Daegu North-gu, Daegu-gu, Seoul-gu, left the studio, and opened the studio promptly, and (b) the victim was opened a studio room in order to photograph the victim by using his/her dynamic image recording function, and putting his/her cell phone and hand together with the studio in the window.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant, at the time and place specified in paragraph 1, extracted from his/her own cell phone, and opened as soon as possible the victim’s image in his/her cell room at the time and place specified in paragraph 1.

Accordingly, the defendant taken the body of another person who could cause a sense of sexual shame by using machinery such as a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the Act and subordinate statutes to the date of the investigation report (as to the attachment of photographs to the place of generation), the investigation report (as to the attachment ofCCTV material ), the closure photographs of theCCTV and the investigation report (suspect specific to

1. Relevant legal provisions concerning the crime, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (a point of using and photographing cameras, etc.), Article 319(1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment with prison labor;

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. Protection and observation, community service work, and Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

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