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(영문) 서울남부지방법원 2019.05.24 2019고단235

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is the cook of Guro-gu Seoul Metropolitan Government building C department department D restaurant, and the victim E (V, the age of 19) is the employee of the above restaurant, the victim F (V, the age of 17) is the worker of the above restaurant, and the victim F (V, the age of 17) is the trainee of the above restaurant.

On September 1, 2018, at around 11:55, the Defendant, while sitting in the front of the escape room of the above restaurant, brought his cellular phone (galthly S8) cameras close to the crepans of the lower part of the escape room, taken a video image of the victim’s clothes at least six times in total from that time until September 9, 2018, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Records of seizure and the list of seizure;

1. Application of each statement, each photographic statute;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15452), Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The reason for sentencing under Article 48(1) of the Criminal Act that the defendant reflects his mistake in depth, and the defendant is the primary offender who has no record of criminal punishment, and this is the same.