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(영문) 서울중앙지방법원 2019.11.21 2019고단6362
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a crowdfunding technician.

Around November 24, 2015, the Defendant taken 41 women’s body parts or fats of 41 women’s body parts or fats over 41 times from that time until August 24, 2017, as shown in the separate crime list, in order to have string the Kameras, who operated the dynamic function on the front floor of the Hashes in Seoul, by setting the Hashes to the front floor of the Hashes in order to keep the Hashes an end, and to affix the group pictures, and to affix the group pictures, the Defendant taken 41 women’s body parts or fats on the top of the Hashes.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police seizure record and the list of seizure;

1. A report on the analysis of digital evidence;

1. USB;

1. Photographs of a suspect to install a camera, the list of crimes and photographs on November 24, 2015, the list of crimes and photographs on October 16, 2016, the list of crimes and photographs on April 1, 2017, the list of crimes and photographs on May 13, 2017, the list of crimes and photographs on May 13, 2017, the list of crimes and photographs on August 24, 2017, and the application of the CD-related Acts and subordinate statutes.

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) applicable to criminal facts;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act is that the defendant taken the fright of the female female who had become a guest in the wedding course in the wedding hall, and the crime is not good, and the period of the crime is also a long time and the victim is a majority.

However, the defendant does not have any record of punishment for the same crime, reflects his depth on the crime, and does not repeat the crime.

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