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(영문) 서울중앙지방법원 2019.09.27 2019고단4102
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

1. On April 25, 2019, around 08:44, at the subway station C Station Station 2 located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant taken one-time a step-off of the part of the women suffering from the influence of name using the Defendant’s opphone 6S mobile phone shooting function.

2. On April 25, 2019, around 13:44, the Defendant, within E University located in Gwanak-gu in Seoul Special Metropolitan City, taken eight-time photographs of the victim G taking advantage of the aforementioned mobile phone camera shooting function.

3. On May 2, 2019, the Defendant, within the F cafeteria on May 18:17, 2019, taken five (5) the part of the victim G, using the aforementioned mobile phone camera shooting function.

4. On May 16, 2019, at around 08:16, the Defendant taken two-time images of the victim H using a camera shooting function of the aforementioned mobile phone in the subway line 6-line operated in the direction of the unity station.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of I;

1. Records of seizure and the list of seizure;

1. 112. List of reported cases;

1. Application of the photographic Acts and subordinate statutes;

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;

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. Circumstances unfavorable to the reasons for sentencing under Article 48(1) of the Criminal Act: It is not good that the defendant has committed a crime, such as taking the fry of the fee of an unspecified female and workplace in subway, etc.

The defendant's mistake is recognized in favor of the favorable circumstances.

The above victim does not want the punishment of the defendant by mutual consent with one of the victims.

After the defendant photographs victims.

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