beta
(영문) 서울북부지방법원 2020.05.28 2019고단5592

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (hereinafter “Camera, etc.”) against the victim’s name and unclaimed boxes, taken dynamic images of the victim’s name and unclaimed boxes inside the bus operating in an French space from June 2018 to July 2018.

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

2. On December 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession) was connected to the Defendant’s house located in building B in Gangnam-gu Seoul, Seoul, by using the Defendant’s mobile phone, and stored a video file (three-minute 23 seconds of screening hours) in the aforementioned mobile phone, which was taken by a female juvenile scamed with a male sexual intercourse with a male, and stored a video file (three-minute 23 seconds of screening hours) in the above mobile phone, and then stored 14 video files in the Defendant’s mobile phone with a total of 14 times as indicated in the list of crimes in the attached Table.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

3. Violation of the Act on Special Cases concerning the Intrusion into Residence of Victims and the Punishment of Sexual Crimes (Kameras, Use and photographing of Cameras, etc.);

A. On March 29, 2019, around 16:20 on March 29, 2019, the Defendant, entering a house, opened an unlocked gate and opened it into the house, thereby infringing on the victim’s residence.

B. The Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment of Sexual Crimes”) and opened the second floor through external stairs, such as paragraph 3(a) above, at the time, at the place specified in the above paragraph 3(a), and opened the toilet window with the Defendant’s cell phone (ggal block S8).