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(영문) 서울북부지방법원 2017.02.02 2016고단3790

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. At around 15:20 on August 19, 2016, Defendant 2016, Defendant 3790, in Seongbuk-gu, Seongbuk-gu, Seoul, recorded the part of the victim’s bridges and mackers (the age 14), which might cause sexual humiliation of the victim’s G (the age 14), by operating the camera function of the LG G3 mobile phone owned by the Defendant, in the same manner five times, from April 30, 2016 to August 19, 2016.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

2. From June 2016 to August 25, 2016, Defendant 2016, at the Defendant’s house located in the Dongjak-gu Seoul Metropolitan Government H and 111 Dong 804, Defendant taken video images of the victim’s body with the Defendant’s cell phone located in the camera function, prior to having sexual intercourse with the victim I (n, 22 years old), which was known through the so-called Mamann only, by using the Defendant’s cell phone located in the camera function as shown in the attached Table 2 of the Crimes List 21 times in total from that time to August 25, 2016.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

[2016 Highest 3790]

1. Statement by the defendant in court;

1. CCTV photographs at the scene of crime;

1. Stenographic records;

1. Escopics of crime sight lists and images stored in suspect smartphones;

1. CDs, such as CCTV images at crime scene and images of crime sights;

1. A criminal investigation report (Attachment of a photograph by closure of a crime on April 30, 2016, around 31:32) and a photograph after closure of a crime around April 30, 2016;

1. On August 19, 2016, around 15:20: