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(영문) 수원지방법원 성남지원 2019.07.23 2018고단2918

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six 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. On July 7, 2018, the Defendant: (a) around 01:35, the victim C (a) was waiting to enter the right partitions of the said toilet in advance for the purpose of taking melting the image of melting the melting of the melting women in the building located in Seongbuk-gu, Sungnam-gu; (b) the victim C (a person, leisure, 29 years old) entered the instant toilet left partitions; (c) the cell phone was in operation of the Defendant’s photographing function of the motion picture of the mobile phone, and (d) taken the victim’s melting part of the said toilet.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

2. On January 4, 2019, the Defendant: (a) posted the cell phone in the E-ray of Da subway No. 8 in Sungnam-si, Sungnam-si on January 23:35, 2019, using the cell phone in front of the Defendant’s victim F (Ga name, n, 32 years old) as a bridge in which the Defendant used to take a dynamic image of the cell phone in the direction of the Defendant’s possession, and then taken the body part of the victim’s body in front of the Defendant.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (alias) and F (alias);

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (victim F telephone conversations);

1. Relevant Article on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; hereinafter “Special Cases concerning the Punishment, etc. of Sexual Crimes”), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to taking pictures using Kameras, etc. at the time of display), Article 14(1) of the Act on Special Cases concerning the Punishment, etc

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

1. Article 62 of the Criminal Act: