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(영문) 서울동부지방법원 2020.05.29 2020고단245
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame, against the will of the person to be taken, by using a camera or other similar mechanism.

1. On July 1, 2019, at around 23:40, the Defendant entered the screen for male use in the toilets of “C” located in “C” in Gwangjin-gu Seoul Special Metropolitan City, and taken the screen once using the camera function of the aforementioned mobile phone device, in which the victim, who is female, was in default, collected his mobile phone device, and reported melting in his/her name, was exposed to the screen image by using the camera function of the aforementioned mobile phone device.

2. On July 9, 2019, at around 00:12, the Defendant entered the male toilet of “E” located in Seoul Special Metropolitan City, Nowon-gu D, and opened the partitions, and the victim, who was a female victim with no name, collected his/her cell phone devices, taken one-time video image using the aforementioned mobile phone camera function.

3. On July 9, 2019, at around 00:13, the Defendant, at the male toilet as indicated in the preceding port, extracted the victim F (n.e., 30 years of age) from the male toilet with the upper cell phone, and taken video images using the above mobile phone camera function, in which the victim F (n.e., 30 years of age) reported melts in female toilets.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. A digital analysis and appraisal statement;

1. Application of Acts and subordinate statutes to investigation reports and photographs (the Nos. 20, 21, 22, 23 of the evidence list);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant 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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. The confiscation of personal information under Article 48(1)1 of the Criminal Act is convicted of the facts constituting the crime on which the duty to register and submit personal information is stated.

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