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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2959
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[2015 Highest 2959] On August 4, 2015, the Defendant taken a video image using the cell phone camera function of the Defendant’s cell phone camera function of the victim, namely, the victim D (V, 23 years of age) from the air carrier No. 3 lines C and 4 lines C of subway C located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, without permission of the victim.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

[2015 Madan3462] On September 25, 2015, the Defendant taken a picture of the victim from the time from September 25, 2015 to September 20:00 of the same day, from the time when the Defendant took a cryp of the victim G (n, 35 years of age) who was suffering from the crym and is going to the cryp in the F Station of subway 3 Line F Station located in Seo-gu, Busan, Seo-gu, Seo-gu, Seoul, for the following reasons: (a) taken the cryp of the victim by using the cryp function of the cellular phone device owned by the Defendant without the consent of the victim; and (b) taken the cryp of the victim as shown in the daily list of crimes in attached Form 20:00 on the same day.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

[2015 Highest 2959]

1. Statement by the defendant in court;

1. Statement made with D;

1. Investigation report (Attachment ofCCTV video recording data, and Attachment of Results of Digital Evidence Analysis);

1. Statement by the defendant in court;

1. Statement made with H;

1. A written statement prepared by I and J;

1. Protocol and list of seizure;

1. Investigation report (the result of the analysis of file files for storage of seized objects, investigation for identifying the scene of crime and victims, and victim G);

1. Application of Acts and subordinate statutes to photograph by capturing a video file;

1. The relevant provisions of the Act and the punishment, etc. of sexual crimes selected in relation to the crimes;

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