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(영문) 서울남부지방법원 2018.02.07 2017고단5753
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

The defendant is a sexual person who has a sense of identification for the same sex, and the defendant started to take a Hand-phone camera in order to resolve his sexual impulses in common toilets.

around 23:07 on June 16, 2017, the Defendant: (a) entered the fourth column of subway 5 subway C with subway C in Gangseo-gu Seoul, Gangseo-gu, Seoul; (b) taken the victim D (17) who gets her cell phone from the 3rd column of the same toilet; and (c) taken the video of the victim D (17) who was her cell phone to her cell phone from the 23:50 on July 25, 2016 to 00:40 on February 25, 2017; and (d) taken the image of the victim D (20 on March 24, 2017, regarding the victim as his cell phone from the 2nd floor FPC toilets of Gangseo-gu, Seoul to the 00:40 on February 25, 2017.

6. From 16. 23:07 up to 16. 23:07, the victims who look at self-defense, sexual intercourse, and speaking in the side partitions, such as the list of crimes Nos. 11 to 20 as shown in the attached list of crimes.

As such, the Defendant took photographs of another person’s body that may cause sexual humiliation or sexual humiliation using his mobile phone over 20 times against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to investigation reports (to attach 20 video images to the related video and to take photographs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act are as follows.

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