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(영문) 서울서부지방법원 2017.08.09 2017고단1465

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2017, around 00:48, the Defendant failed to turn on the part of other players, who were following the Defendant, to take a knife by using a smartphone camera function in subway No. 2 line D, subway No. 2 in Mapo-gu Seoul, Seoul, and the knife of the victim E (V, 21 years old).

2. On March 2017, the Defendant taken each of the physical parts of another person’s body, which may cause sexual humiliation or sense of shame in the same way 11 times from December 2016 to March 2017, from the subway G stairs located in Guro-gu Seoul Metropolitan Government, including taking a short flamerm of female victims’ body, using smartphone camera functions. The Defendant taken each of them against their will, as described in the list of crimes in the attached Table, from around December 2016 to March 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the police against the accused (including output of moving pictures);

1. Statement made by the police for E;

1. Each statement of H and the accused;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 14 (1), Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the attempted taking of a camera) and Article 14 (1) (the taking of a camera);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In light of the facts that the crime is not good in light of the reason, frequency, method, etc. of sentencing under Article 48(1)1 of the Confiscation Criminal Act, and that the victims might suffer a considerable sense of sexual humiliation if they were to take photographs, although the liability for the crime is not easy, the Defendant’s mistake is against himself/herself, and there is no record of criminal punishment except for a single type of fine.