beta
(영문) 수원지방법원 여주지원 2017.10.18 2017고단951

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for four 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. No person shall photograph the body of another person against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, around 13:50 on June 23, 2016, the Defendant taken photographs against the Defendant’s will, as described in the list of crimes, of another person’s body, which could cause sexual humiliation or humiliation over 97 times from around 2017 to April 29, 2017, by using a cell phone camera of the Defendant’s cell phone juth galoth of the victim’s name, who was seated by a short flag in the store in Gwangju-si, Gyeonggi-do.

2. Around 06:20 on April 29, 2017, the Defendant committed an indecent act against the victim in public means of transportation, such as taking care of the victim G (the age 23) who is diving from the rear seat of an express bus of the Fdong branch in Seocho-gu Seoul, Seoul, in order to take a fright of the victim following the death of the victim, and taking a fright of the victim, taking the victim’s face into his/her hand, and taking the fright of the victim, and taking the victim’s face into contact with the victim’s face, by committing an indecent act in public means of transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on digital siren image materials, and digital siren photographic data;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Punishment, etc. of Specific Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.