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(영문) 서울서부지방법원 2015.12.09 2015고단1601
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to imprisonment with prison labor for six months as a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Seoul Western District Court (hereinafter “Seoul Western District Court”) and the said judgment became final and conclusive on October 30, 2015.

1. On May 27, 2015, the Defendant: (a) around 17:00, around 17:00, taken off the part of the passenger’s fat bridge and ambane image on the name of the non-victim of the name of the Plaintiff in the name of the gGX2 mobile phone gate functioned in the 7th exit of subway lines located in Jung-gu Seoul, Jung-gu, Seoul, 2015, thereby inducing sexual health of the victim.

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. On July 31, 2015, the Defendant, around 10:06, taken the body part of the victim D by using the Defendant’s LG smartphone’s camera function in front of the second floor elevator of the Plaintiff’s LG smartphone (n, 37 years of age) around July 31, 2015, and taken the body body of the victimized women over a total of 20 times from May 2015 to July 31, 2015, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Photographs (the fact of Article 2 at the time of display);

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each written statement prepared D and E;

1. Records of seizure and the list of seizure;

1. Photographs (the previous record on the market);

1. A statement on criminal records, etc.;

1. Judgment (Seoul Western District Court 2015 Height103);

1. Application of case search laws

1. Relevant provisions concerning the crimes and the punishment, etc. of each sexual crime selected;

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