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(영문) 서울북부지방법원 2019.05.30 2019고단366

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2017, at around 10:10, the Defendant taken pictures of the victim’s flag, whose name is unknown, using the Kamera function of the mobile phone owned by the Defendant in Dongjak-gu Seoul, by taking advantage of the Kamera function of the mobile phone owned by the Defendant.

Along with this, the Defendant tried to take or take photographs of the horses, etc. of victims on 35 occasions, such as the list of crimes, between around that time and around September 14, 2018, by means of a similar method, such as the list of crimes.

Accordingly, the defendant taken or attempted the body of a person who may cause sexual humiliation or sense of shame against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (E station SctV verification), each investigation report (Attachment to the list of crimes and the main pages of video images / Victim F currency content/Evidence analysis and addition to the files restored);

1. A seizure record, a seizure record, and a list of search and seizure;

1. Application of field and bus ctv video Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Articles 15 and 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Articles 15 and 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The age, occupation, family environment, and society of the accused under Articles 47(1) and 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 Children and Juveniles against Sexual Abuse;