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(영문) 서울북부지방법원 2016.08.11 2016고단2080

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

The Defendant, in turn, tried to photograph the body of a woman who suffered a short fat in subway stations, bus stops, etc., was prepared to commit a crime by excavating the inner body of the woman who suffered a short fat at the bottom of the shopping bags prepared in advance, by using the Defendant’s “Surna” smartphone (defluence: B) while setting the camera of the Defendant’s “Surb” at the bottom of the shopping bags.

At around 16:54 on May 26, 2016, the Defendant followed 20 women in the name of the victim, who suffered from the short 20 mar-type 4 lines of subway No. 4 lines in Seongbuk-gu Seoul Metropolitan Government, and followed her from the victim's name, the Defendant taken her the mar-math of the victim by using the Defendant's cell phone, as he was prepared in advance, and taken nine times from May 24, 2016 to May 26, 2016, as shown in the list of crimes in the separate sheet of crimes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Mobile phone photographs;

1. Photographss marked on a mobile phone;

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection 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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant's age and occupation);