beta
(영문) 서울중앙지방법원 2018.02.22 2017고단8962

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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. From September 8, 2017 to September 8, 2017, the Defendant: (a) taken pictures of the body of a woman in a name-free name on a total of 63 occasions from around June 10, 2017 to around September 10, 2017, such as taking pictures of the body of the body of the said victim on a cell phone, following a female victim suffering from white and fireworks pattern D, in the stairs located in the Seoul Gangnam-gu Seoul Metropolitan City Cairline 2 Line D; and (b) taking pictures of the body of the body of the said victim against his/her will, such as taking pictures, from around June 10, 2017 to around September 8, 2017.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

2. From July 25, 2017 to September 8, 2017, the Defendant posted a screen image taken on a mobile phone at the F cafeteria located in Gangnam-gu Seoul, such as the list No. 63, on September 14:50 on September 8, 2017, from around July 25, 2017 to around September 21, 2017, such as posting a screen image taken on a mobile phone in the same manner as the list No. 1,11,12,26, 28, 21, 23, 28, 47, 48, 50, 52, 57, 57, 59, 60, 63 times in total, such as the list of crimes, from around July 25, 2017 to around September 8, 2017.

Accordingly, the Defendant displayed openly photographs taken of another person’s body, which might cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. A report on internal investigation (the details of the commencement of internal investigation and the closure of the Internet screen of the suspected person's account);

1. Application of the Acts and subordinate statutes on criminal video CDs and caps;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the use, photographing, and photographing and exhibiting objects, such as cameras) and the choice of imprisonment with prison labor for each crime;

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. The community service order and the like;