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(영문) 서울중앙지방법원 2017.08.31 2017고단4729
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2017, at around 09:58, the Defendant taken pictures of the victim’s body and the part of the bridge in front of the female victim’s body and the part of the bridge, where it is difficult to find out that the Defendant was using the cell camera function of the mobile phone camera No. 1 located in subway No. 1 located in the subway No. 2 in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

2. On June 28, 2017, at around 09:06, the Defendant taken the shopping bags in the manner described in paragraph (1) at the place indicated in paragraph (1), as seen in paragraph (1), and taken the body and the bridge of a female victim’s flaps, whose name the Defendant was flading with the stairs was in a short color, and taken the victim’s flaps and the bridges of the body and the bridge.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the mobile phone photographs and video CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing equipment, such as camera), and the selection of imprisonment

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. On October 23, 2014, the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Crows) in the House of Suwon District Court on October 23, 2014.

It is not good that the defendant committed the crime of this case on two occasions.

However, the crime is committed.

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