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(영문) 서울동부지방법원 2015.12.17 2015고단2447

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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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

1. Around November 8, 2014, the Defendant found the victim D (one’s name, half, and twenty-four years of age) who was returning home on a road near Seongdong-gu Seoul Metropolitan Government building, and taken a dynamic image of the victim, following the victim’s her mare, who suffered her knife, with his/her mare, and his/her knife, including a bridge, a bridge, etc.

In addition, from September 14, 2014 to the above temporary date, the Defendant taken the body of another person, which may cause sexual humiliation or shame on a total of 18 occasions, using a camera, as described in the attached list of crimes, in a video recording against his/her will.

2. On November 8, 2014, around 00:45, the Defendant, following the said victim, was in front of multi-household houses located in Seongdong-gu Seoul, where the victim resides, and the Defendant opened an unlocked public gate and took a photograph of the house inside the house in front of the victim’s house by using smartphones, using smartphones.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Report of investigation (integrated list of crimes and photographs);

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act and the choice 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 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. A criminal defendant with reasons for sentencing under Article 48(1) of the Criminal Act has been sentenced to a fine for a violation of the Act on Special Cases concerning the Admission to Residence and the Punishment, etc. of Sexual Crimes (Kameras), which is identical to the instant case, even in 2012, and has been sentenced to a fine.