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(영문) 서울북부지방법원 2017.10.26 2017고단3558

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

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. Crimes committed on July 5, 2017: 00:40

A. On July 5, 2017, around 00:40 on July 5, 2017, the Defendant invadedd a structure, such as entering the building into the building through the entrance of a building that was not corrected on the first floor of the said building, and going up to 6 stories of the victim’s residence, in front of the victim C’s residential building located in Seongbuk-gu Seoul Metropolitan Government (6 stories). In order to photograph the victim’s and female-friendly Gu D (24 years old), the Defendant invadedd the building.

B. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a) taken photographs of the victim C and D against his/her will using the cell phone function in the same date and time as paragraph (a) and the cellular phone function in the same place.

Ultimately, the Defendant took photographs of the body of other persons who could cause sexual humiliation or shame, using a camera or other similar mechanism, against their will.

2. On July 5, 2017, the Defendant: (a) around 07:30 on the same day as Paragraph (1) and around 07:30 on the same day; (b) found the victim C to be subject to the instant case at the foregoing place; (c) did not correct, opened a entrance door to the residence of the victim; and (d) intruded the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A report on investigation and photographs of the victims' sexual intercourse;

1. Investigation report (report on a request for submission of an investigation report on cancer), drilling, field photographs, etc.;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 319 (1) of the Criminal Act (the occupation of intrusion on a structure and intrusion into a house) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs using a camera) against the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Victims C (use and photographing of cameras, etc.) and the victim D.